In the Matter of Evelyn B. Katz, Appellant, v. William F. Larkin et al., Constituting the Board of Elections of the City of New York, et al., Respondents

In the Matter of Evelyn B. Katz, Appellant, v. William F. Larkin et al., Constituting the Board of Elections of the City of New York, et al., Respondents. [MAJORITY] In a proceeding to invalidate petitions designating respondent Bertram Miller as a candidate in the Democratic Party Primary Election to be held on June 20, 1972 for the public office of Judge of the Civil Court of the City of New York, Second Municipal Court District, Borough of Queens, the appeal is from a judgment of the Supreme Court, Queens County, entered June 8, 1972, which, inter alia, denied the application. Judgment reversed, on the law, without costs, and proceeding remanded to the Special Term for a further hearing in accordance with the views herein set forth. The questions of fact have not been considered on this appeal. In our opinion, the evidence concerning respondent Miller’s qualification as a notary public in Westchester County and his ownership of a home in that county was erroneously stricken from the record. Such evidence has materiality on the question of whether his residence is in New York City. Under the circumstances, a new hearing should be held. In passing, we note with disfavor that this respondent, who aspires to judicial office, did not see fit to attend the hearing or testify concerning his qualifications for that office. Hopkins, Acting P. J., Shapiro, Christ, Brennan and Benjamin, JJ., concur.