Opinion
August 18, 1998
Appeal from the Supreme Court, Kings County (Pincus, J.).
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, 175 A.D.2d 893; Matter of Boyland v. Board of Elections, 104 A.D.2d 463).
O'Brien, J.P., Santucci, Joy, Friedmann and Florio, JJ., concur.