In the Matter of Fred T. Santucci, Respondent, v. James M. Power et al., Constituting the Board of Elections of the City of New York, Respondents, and John Peri, Appellant, 21 A.D.2d 698

In a proceeding under

section 330 of the Election Law: (1) to invalidate a petition designating John Peri as a candidate of the Democratic party in the primary election to be held June 2, 1964 for a certain party position in the Eleventh Assembly District, Queens County; and (2) for other related relief, said designee appeals from a judgment of the Supreme Court, Queens County, entered May 20, 1964 after a non jury trial, which granted the application and declared the designating petition a nullity.

Judgment reversed on the law and the facts, judgment directed denying the application (to declare invalid the designating petition) and declaring the petition to 'be valid. Findings of fact which may be inconsistent herewith are reversed, and new findings are made as indicated herein. On this record, we find that George A Capielo was in fact an enrolled Democrat and, hence, that he qualified as a member of the committee on vacancies (cf. Matter of Brennan v. Power, N. Y. L. J., Sept. 7, 1954, p. 9, col. 8, affd. 284 App. Div. 847, affd. 307 N. Y. 818; Grassman, Election Law [2d ed.], § 80, pp. 448-449).

Ughetta, Acting P. J., Christ, Hill, Rabin and Hopkins, JJ., concur.