Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered August 8, 1995 in Rensselaer County, which dismissed petitioner’s application, in a proceeding pursuant to Election Law § 16-102, to declare invalid the designating petition naming respondents Michael J. Petruska and Frank A. La Posta as the Conservative Party candidates for the respective offices of Mayor and Council Member-at-Large for the City of Troy in the September 12, 1995 primary election.
Following the filing of a designating petition naming respondent Michael J. Petruska as the Conservative Party candidate for the office of Mayor of the City of Troy and respondent Frank A. La Posta, Nina Pattison and Eugene Eaton as the Conservative Party candidates for the office of Council Member-at-Large for the City of Troy in the September 12, 1995 primary election, petitioner commenced this proceeding challenging the
We affirm. Inasmuch as the petition alleges that the designating petition is permeated with fraud, the entire petition would have to be invalidated if this allegation was sustained, thereby depriving Pattison and Eaton of the opportunity of securing the Conservative Party’s nomination for the office they seek (see, Matter of DeAngelo v DiFilippo,
Cardona, P. J., White, Casey, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.
