Opinion
Argued June 13, 1968
Decided June 13, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HAROLD TESSLER, J.
Eugene T. Rossides for appellant.
Eugene Mastropieri for respondent.
Order reversed, without costs, and the designating petition invalidated in the following memorandum: The undisputed evidence establishes as a matter of law that the questioned petitions were the product of the knowing, systematic acceptance of purported signatures of innumerable persons subscribed by others, thus constituting permeating fraudulent representation.
Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and KOREMAN. Taking no part: Judge KEATING.
Designated pursuant to section 2 of article VI of the State Constitution in place of BURKE, J., disqualified.