Civilette v. Caccamise

Order unanimously affirmed without costs. Memorandum: The burden of proof to establish the invalidity of these petitions (Election Law, § 145) rests on the appellants who filed objections to them (Matter of Hooper *1027v. Power, 17 A D 2d 816, affd. 12 N Y 2d 764). The record before us is incomplete and does not even include the designating petitions objected to by appellants. Such proof is insufficient to demonstrate a lack of substantial compliance with section 138 of the Election Law. Absent any allegation of fraud, concededly not here in issue, we conclude that upon this record the trial court…