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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 25, 2026 |
| Citation | 2026 NY Slip Op 05462 |
| Area of law | Election Law |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05462 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 628 |
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.
Read how Law Watch works