Henry v. Mahoney

Order unanimously affirmed, without costs. Memorandum: In a proceeding pursuant to section 16-102 of the Election Law to set aside a Conservative Party primary election held on September 11, 1984, petitioner appeals from an order denying his request for a new election. Respondent Pillich defeated petitioner by a margin of two votes, 167 — 165. It is conceded by the parties that three ineligible votes were cast. A new election will not be required on the “mere mathematical possibility that the results could have been changed” (Matter of Badillo v Santangelo, 15 AD2d 341, 342). The burden lies…