Smith v. Board of Elections

— In a proceeding, inter alia, to set aside the results of a primary election held on September 12, 1991, for the nomination of the Democratic Party for the public office of member of the New York City Council for the 31st Council District, the petitioner appeals from a judgment of the Supreme Court, Queens County (Graci, J.), dated October 9, 1991, which dismissed the petition.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, and a new primary election is ordered between the petitioner Malcolm A. Smith and the respondent Juanita E.…