Opinion
February 15, 1907.
James H. Hickey, for the appellant.
Theodore Connoly, for the respondents.
The material facts presented by this record differ from those preented in the Matter of Titus ( 117 App. Div. 621), argued and decided herewith, only in that the affiant, who asserts the facts positively, resided next door on the same avenue to the number from which the elector enrolled, and consequently the opinion in that matter is decisive of this appeal.
It follows that the order should be affirmed upon the authority of the opinion in Matter of Titus.
PATTERSON, P.J., concurred; CLARKE and INGRAHAM, JJ., dissented.
For the reasons stated in Matter of Titus, I concur in result.
For the reasons stated in the opinion handed down herewith in Matter of O'Brien ( 117 App. Div. 628), the order appealed from herein should be reversed and the application granted.
INGRAHAM, J., concurred.
Order affirmed. Order filed.