In the Matter of Anne M. Litof, Respondent, v. James M. Power et al., Constituting the Board of Elections of the City of New York, et al., Respondents, and Robert M. Weitz, Appellant

In the Matter of Anne M. Litof, Respondent, v. James M. Power et al., Constituting the Board of Elections of the City of New York, et al., Respondents, and Robert M. Weitz, Appellant. [MAJORITY] In a proceeding under section 330 of the Election Law: (1) to invalidate a petition designating Robert M. Weitz as a candidate of the Democratic party in the primary election to be held June 2, 1964 for the public office of Member of the Assembly in the Twelfth Assembly District, Queens County; and (2) for other related relief, in which the said designee Weitz interposed a counterclaim to validate certain signatures on the designating petition, he appeals from a judgment of the Supreme Court, Queens County, entered May 25, 1964 after a hearing, which granted the application, and which inter alia invalidated the designating petition, and dismissed his counterclaim. Judgment reversed on the law and the facts, without costs; and judgment directed denying the application (to invalidate the designating petition), granting the counterclaim of the designee Weitz to validate certain signatures on the petition, and declaring the petition to be valid. Findings of fact which may be inconsistent herewith are reversed, and new findings are made as indicated herein. We find that there was insufficient proof to establish that any fraud or deception was practiced upon any subscriber to the petition or that any subscriber was actually deceived. Ughetta, Acting P. J., Christ, Hill, Rabin and Hopkins, JJ., concur.