Order unanimously affirmed. In our opinion, the proof furnished by appellant failed to sustain his contentions and was not in any way established by respondent's evidence.
It was appellant's obligation, upon the hearing, to prove his allegations by a preponderance of the evidence; the respondent had no burden to establish the contrary (People v. Oddo, 283 App. Div. 497, 499; People v. Milo,
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