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MATTER ALFRED D. LERNER v. JAMES M. POWER ET AL. (06/13/68)

COURT OF APPEALS OF NEW YORK


decided: June 13, 1968.

IN THE MATTER OF ALFRED D. LERNER, APPELLANT,
v.
JAMES M. POWER ET AL., CONSTITUTING THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK, AND PAUL E. BOUCHER, RESPONDENT

Matter of Lerner v. Power, 30 A.D.2d 686, reversed.

Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Koreman.*fn* Taking no part: Judge Keating.

 Order reversed, without costs, and the designating petition invalidated in the following memorandum: The undisputed evidence establishes as a matter of law that the questioned petitions were the product of the knowing, systematic acceptance of purported signatures of innumerable persons subscribed by others, thus constituting permeating fraudulent representation.


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