Opinion
October 31, 1933.
Appeal from Supreme Court of New York County.
John F.X. Finn of counsel, for the appellant Edward A. Neylan.
John T. Dooling of counsel, for the respondent Samuel Ecker.
Russell Lord Tarbox of counsel, for the respondent the Board of Elections of the City of New York.
Present — FINCH, P.J., MARTIN, O'MALLEY, TOWNLEY and GLENNON, JJ.
The court erroneously placed on the appellant Neylan the burden of establishing the genuineness of the signatures appearing upon the petition. The court also denied the appellant a reasonable opportunity to cross-examine the witnesses produced by the petitioners.
These errors are so fundamental as to require that the order appealed from should be reversed and the motion denied.
Order reversed and petitioner's motion denied.