Ecker v. Cohen — 239 A.D. 145

Majority

p. 145

In the Matter of the Application of Samuel Ecker, Petitioner, against S. Howard Cohen and Others, Constituting the Board of Elections of the City of New York, Respondents, Impleaded with Edward A. Neylan, Respondent, Appellant.

First Department,

October 31, 1933.

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.

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.-

Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.

Order reversed and petitioner’s motion denied.