Opinion
August 31, 1961
Order entered August 29, 1961, invalidating the petition designating appellant as a candidate for the Democratic nomination for President of the Borough of Manhattan, unanimously reversed, on the law and on the facts, without costs, and the petition dismissed. The petitioner-respondent failed to sustain the burden of establishing that the appellant does not maintain a bona fide residence in Manhattan. Upon the record here, therefore, the finding that the respondent-appellant is not a bona fide resident of the Borough of Manhattan is not sustained by the evidence. (See Matter of Newcomb, 192 N.Y. 238; Matter of Jack v. Power, 282 App. Div. 831, affd. 306 N.Y. 555.) Leave to petitioner-respondent to appeal to the Court of Appeals is hereby granted. Motion to dispense with printing granted.
Concur — Botein, P.J., Breitel, McNally, Stevens and Eager, JJ.