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DAVIDSON v. EASTMAN

46 A.D.2d 631 (1974)

Joan K. Davidson, Respondent, and Alexander B. ("Pete") Grannis, Intervenor-Respondent, v. Elrich E. Eastman et al., Respondents, and New York County Liberal Party, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 17, 1974

No proof was submitted to Special Term that the certificate was in fact filed. The Board of Elections did not find to the contrary. That body found that it was possible that the certificate might have been filed and, accordingly, the board would deem that it was. This is not, as the dissent claims, a finding in effect that the certificate was filed, a finding based on circumstantial evidence. This conclusion does not conform with what the board did. The board decided that...

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