| Matter of Mack v Joyner |
| 2014 NY Slip Op 05918 [120 AD3d 415] |
| August 21, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Verdell Mack et al.,
Appellants, v Latoya Joyner, Respondent, et al., Respondent. |
Law Office of Donald R. Dunn, Jr., Bronx (Donald R. Dunn, Jr. of counsel), for appellants.
Stanley K. Schlein, Bronx, for Latoya Joyner, respondent.
Judgment, Supreme Court, Bronx County (John W. Carter, J.), entered on or about August 15, 2014, denying the petition, unanimously affirmed, without costs.
Upon review of the record, we find that the work product of certain subscribing witnesses was fraudulent. Nonetheless, we do not find, as a matter of law, that the entire designating petition is permeated with fraud (see Matter of Felder v Storobin, 100 AD3d 11, 15 [2d Dept 2012]).
We do not reach respondent's request for affirmative relief as she did not file a notice of appeal. Concur—Manzanet-Daniels, J.P., Richter, Feinman, Clark and Kapnick, JJ.