Crosta v. O'Rourke

Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed petitioner’s application to invalidate a petition designating Michael G. O’Rourke (respondent) as a candidate for Erie County Sheriff in the Democratic Party primary. Whether a designating peti-

*857tion is permeated with fraud or irregularities, as petitioner contends, is generally a question of fact (see, Matter of Ruiz v McKenna, 40 NY2d 815, 816; see also, Matter of Mercorella v Benza, 37 NY2d 792), and there is no basis in the record to disturb the court’s resolution of that issue in respondent’s favor. The…