¶1The petitioner-respondent failed to sustain the burden of establishing that the appellant does not maintain a bona fide residence in Manhattan. Upon the record here, therefore, the finding that the respondent-appellant is not a bona fide resident of the Borough of Manhattan is not sustained by the evidence. (See Matter of Newcomb, 192 N. Y. 238; Matter of Jack v. Power, 282 App. Div. 831, affd. 306 N. Y. 556.) Leave to petitioner-respondent to appeal to the Court of Appeals is hereby granted. Motion to dispense with printing granted.
14 A.D.2d 595
Chance v. Power
Appellate Division of the Supreme Court of the State of New York
Decided August 31, 1961
Appellate Division of the Supreme Court of the State of New York · decided 1961-08-31
Relies on In Re Revocation of Ancillary Letters Testamentary of the Estate of Newcomb · Jack v. Power
Decided 1961-08-31