Matter of King v. Ugell

Summary

The Appellate Division, Second Department reversed an order invalidating Scott B. Ugell's designating petition for Town Supervisor of the Town of Clarkstown. The court held that Ugell's status as a Town Justice did not disqualify him from candidacy and that the petitioners failed to prove fraud by clear and convincing evidence. The proceeding was dismissed and the petition to invalidate the designating petition was denied.

Holdings

1. Ugell's status as a Town Justice and his subjection to the Rules Governing Judicial Conduct did not disqualify him from running for Town Supervisor under Election Law § 6-122.
2. Petitioners failed to establish by clear and convincing evidence that fraud permeated the designating petition or that there was actual deception of voters or party members; therefore, invalidation was unwarranted.

Questions Presented

1. Whether Ugell was disqualified from candidacy for Town Supervisor because he was serving as a Town Justice and was subject to the Rules Governing Judicial Conduct.
2. Whether petitioners proved by clear and convincing evidence that fraud permeated the designating petition or that there was actual deception of voters or party members sufficient to invalidate it.

Disposition

reversed