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Lewis v. Hummel

September 8, 2009

IN RE ANNA R. LEWIS, PETITIONER-RESPONDENT,
v.
LYDIA HUMMEL, RESPONDENT-APPELLANT, THE NEW YORK CITY BOARD OF ELECTIONS, RESPONDENT.



Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered August 28, 2009, unanimously reversed, on the law and the facts, without costs, and petitioner's motion to validate the petition denied.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

THE FOLLOWING ORDER WAS ENTERED AND FILED ON SEPTEMBER 8, 2009 AND CORRECTED THEREAFTER AS FOLLOWS:

Gonzalez, P.J., Andrias, Catterson, Acosta, Renwick, JJ.

111509/09

Supreme Court abused its discretion in rejecting the credibility determinations of the Special Referee. Furthermore, there was insufficient evidence of record to validate the thirty-nine "D'Ornellas" signatures.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090908

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