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Appellate Division, Second Department · September 25, 2026 · 2026 NY Slip Op 05462

Matter of Vaiselberg v Caller

Read the official decision: 2026 NY Slip Op 05462

Holding The court affirmed the dismissal of the petition to set aside the primary election results because the petitioner failed to demonstrate that the alleged irregularities were sufficiently large to affect the outcome. The court found that the missing reconciliation forms did not render the determination of the rightful nominee impossible.

The court’s words

a court may direct the holding of a new primary election where it finds there has been such fraud or irregularity as to render impossible a determination as to who rightfully was nominated or elected

2026 NY Slip Op 05462, at the official text

the petitioner failed to meet his burden of showing the existence of irregularities which are sufficiently large in number to establish the probability that the result of the election was affected

2026 NY Slip Op 05462, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 25, 2026
Citation2026 NY Slip Op 05462
Area of lawElection Law
WeekWeek ending September 26, 2026
Official textOfficial decision: 2026 NY Slip Op 05462
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id628

Recommended citation

ESQ HQ, New York Law Watch, Matter of Vaiselberg v Caller, 2026 NY Slip Op 05462 (Appellate Division, Second Department, September 25, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05462/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 25, 2026. Updated September 25, 2026.