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MATTER OF ACOSTA v. PREVITE

51 A.D.2d 960 (1976)

In the Matter of Frank Acosta et al., Appellants, v. Joseph J. Previte et al., Constituting The Board of Elections of the City of New York, Respondents

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

March 30, 1976

In our view appellants, challenging the petition, had the burden of proof to establish such irregularity as required by law. There is a presumption of validity which attends any petition filed in proper form with the Board of Elections. (Election Law, § 103.) Although the Referee found as a fact that no subpoenaed subscribing witness appeared at the hearing to testify, this finding was disputed on oral argument by respondents. The appellants then agreed that at the hearing...

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