Majority
p. 595(August 31, 1961) In decisions Nos. 1-11 the court is as follows: Concur — Botein, P. J., Breitel, McNally, Stevens and Eager, JJ. In the Matter of William C. Chance, Jr., Respondent, v. James M. Power et al., Constituting the Board of Elections of the City of New York, Respondents, and Alfred E. Santangelo, Appellant.
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. 556 .) Leave to petitioner-respondent to appeal to the Court of Appeals is hereby granted. Motion to dispense with printing granted.