Opinion
October 27, 1937.
Appeal from Supreme Court of Bronx County.
Walter M. Weis of counsel, for the appellants.
Matthew M. Levy and Emiel Schlesinger of counsel, for the American Labor Party.
Robert H. Schaffe of counsel, for the Board of Elections.
Walter A. Lynch of counsel, for the respondent Bernard McDonnell.
Present — MARTIN, P.J., TOWNLEY, UNTERMYER, COHN and CALLAHAN, JJ.
The board of elections were within their rights when they reconsidered their original determination and rejected the petition. This ruling cast on the appellants the burden of establishing that the petition contained the required number of valid signatures. It was conceded upon the argument that this was not established by the record before us. The record does contain affirmative proof tending to support the ruling of the board.
The orders should be affirmed.
In McDonnell proceeding: Order unanimously affirmed.
In Nagler proceeding: Order unanimously affirmed.