Majority
p. 953In the Matter of Fredrick E. Bell, Appellant, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
Order reversed on the law and petition granted. The statement contained in the affidavits of the subscribing witnesses as to the election districts where they presently reside is not required by section 138 of the Election Law as amended, with relation to independent nominating petitions. In this instance, the alteration was of an immaterial matter and the board of elections was not justified in rejecting the petition. Johnston, Acting P. J., Adel, Wenzel and MaeCrate, JJ., concur.