Opinion
Argued April 8, 1969
Decided April 16, 1969
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, THOMAS J. O'DONNELL, J.
Glenn S. Hackett for appellant.
Benjamin Gold for respondents.
Order reversed, without costs, upon the ground that petitioners were not entitled to institute the proceeding under the language of section 330 (subd. 2) of the Election Law (see Matter of McGuinness v. De Sapio, 9 A.D.2d 65), and matter remitted to Supreme Court, Niagara County, with directions to dismiss the proceeding. No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Taking no part: Judge KEATING.