In the Matter of the Application of Roy H. Rudd, Appellant, for an Order to Strike Out and Declare Void a Certain Petition Purporting to Designate Joseph A. Marchetti as Designee for the Office of Member of Assembly, Twentieth Assembly District, County of Kings, in the Republican Primary Election to Be Held on the 20th Day of September, 1938, and for a Further Order Restraining and Enjoining the Board of Elections of the City of New York from Printing upon the Final Primary Ballot to Be Used in the Said Primary Election the Name of the Said Joseph A. Marchetti as a Designee for Said Public Office. Joseph A. Marchetti and the Board of Elections of the City of New York, Respondents; In the Matter of the Application of Roy H. Rudd, Appellant, for an Order to Strike Out and Declare Void a Certain Petition Purporting to Designate Joseph A. Marchetti, as Designee for the Office of Member of Assembly, Twentieth Assembly District, County of Kings, in the American Labor Primary Election to Be Held on the 20th Day of September, 1938, and for a Further Order Restraining and Enjoining the Board of Elections of the City of New York from Printing upon the Final Primary Ballot to Be Used in the Said Primary Election the Name of the Said Joseph A. Marchetti, as a Designee for Said Public Office. Joseph A. Marchetti and the Board of Elections of the City of New York, Respondents

In the Matter of the Application of Roy H. Rudd, Appellant, for an Order to Strike Out and Declare Void a Certain Petition Purporting to Designate Joseph A. Marchetti as Designee for the Office of Member of Assembly, Twentieth Assembly District, County of Kings, in the Republican Primary Election to Be Held on the 20th Day of September, 1938, and for a Further Order Restraining and Enjoining the Board of Elections of the City of New York from Printing upon the Final Primary Ballot to Be Used in the Said Primary Election the Name of the Said Joseph A. Marchetti as a Designee for Said Public Office. Joseph A. Marchetti and the Board of Elections of the City of New York, Respondents. In the Matter of the Application of Roy H. Rudd, Appellant, for an Order to Strike Out and Declare Void a Certain Petition Purporting to Designate Joseph A. Marchetti, as Designee for the Office of Member of Assembly, Twentieth Assembly District, County of Kings, in the American Labor Primary Election to Be Held on the 20th Day of September, 1938, and for a Further Order Restraining and Enjoining the Board of Elections of the City of New York from Printing upon the Final Primary Ballot to Be Used in the Said Primary Election the Name of the Said Joseph A. Marchetti, as a Designee for Said Public Office. Joseph A. Marchetti and the Board of Elections of the City of New York, Respondents. [MAJORITY] Orders reversed on the law, without costs, and motions granted, without costs. The finding at Special Term that respondent had a legal residence at Grove street is against the weight of the evidence. Petitioner Rudd is a party aggrieved. (Election Law, §§ 142, 330.) Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur.