Reese v. Pokorski

Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed petitioner’s application to invalidate a petition designating Patrick C. Pokorski (respondent) as a candidate for the Town of Lancaster Highway Superintendent in the Republican primary. Petitioner failed to meet his burden of establishing fraud by clear and convincing evidence (see, Simcuski v Saeli, 44 NY2d 442, 452). Respondent’s attesting to five signatures when not in proximity with the signers did not warrant the inference that fraud permeated the entire petition (see, Matter of Quinones v Bass, 45…