p. 539In the Matter of Earl Gurley, Jr., Appellant, v Alice Sachs et al., Constituting the Board of Elections of the City of New York, Respondents, and Alexander Castillo, Respondent.
Judgment, Supreme Court, Bronx County, entered on April 9, 1980, affirmed, without costs and without disbursements. Concur—Birns, Fein, Sandler and Silverman, JJ.
dissents, on the law, and would reverse and remand. The appellant candidate having presented an explanation for the alterations and changes should not have been found out of hand to have petitions permeated with fraud. The objector should have been required to go forward with some evidence of fraud.