Clarke v. Board of Elections

— In a proceeding pursuant to Election Law § 16-102, 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 office of Member of the New York City Council from the 40th Council District and to declare the petitioner the rightfully-elected candidate in that election, or, alternatively, to direct that a new primary election be held for that nomination, the petitioner appeals from a judgment of the Supreme Court, Kings County (Garry, J.), dated October 4, 1991, which directed that a new primary election be held…