Ippolito v. Power

The successful candidate for District Leader (Male) Part B of the 22nd Assembly District, Democratic party, in the County of Queens, appeals from an order directing a new primary election in a proceeding brought by the unsuccessful candidate under section 330 of the Election Law. Special Term, after a hearing, granted such order, and the Appellate Division affirmed by a divided vote.

The statute provides that the court may direct a new election where it “ has been characterized by such frauds or irregularities as to render impossible a determination as to who rightfully was * * * elected”…