Ruiz v. McKenna

Memorandum. While the many irregularities shown to have occurred might well have supported an inference either that there was a fraudulent intent which infected the petition or that irregularities similar to those proved permeated the whole designating petition, we cannot hold on this record that either inference was compelled as a matter of law. Whether to draw the inference is usually a question of fact (see Matter of Mercorella v Benza, 37 NY2d 792; but cf. Matter of Lerner v Power, 22 NY2d 767) which has been resolved in each instance in respondent’s favor by the Board of Elections, the…