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MATTER OF MALAVE-DILAN v. MUNIZ

253 A.D.2d 505 (1998)

676 N.Y.S.2d 869

In the Matter of Martin Malave-Dilan et al., Petitioners, v. Jose L. Muniz, Respondent. (Proceeding No. 1.) In the Matter of Jose L. Muniz, Appellant, v. Vincent Catapano et al., Respondents. (Proceeding No. 2.)

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

August 18, 1998

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition to invalidate is dismissed, and the petition to validate is granted.

We conclude that the burden of proving that the challenged subscribing witness, Melida Kennedy, no longer resided at the address listed in her statement in the designating petition at the time she signed that statement was not sustained (see, Matter of Iaboni v Sunderland,

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