Order affirmed, without costs. We hold that the signatures in the group containing 184 signatures were valid (see Matter of Di Crocco v. Power, 12 N.Y.2d 762, decided herewith) and that the signatures in the groups containing 220 and 156 signatures respectively were valid for the reasons stated in the majority opinion at the Appellate Division. No opinion. Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.
In a proceeding inter alia to invalidate petitions nominating Rockwell D. Colaneri and others as candidates of the Independent Alliance Party in the general election to be held on November 4, 1975 for various public offices in the Town of Brookhaven, the appeal is from a judgment of the Supreme Court, Suffolk County, entered October 30, 1975, which denied the application, except that it granted "the relief requested under section 248 of the Election Law." Judgment affirmed (Matter of Di Crocco v Power, 12 N.Y.2d 762). While former section 138 of the Election Law was repealed and a new and present section 138 was at the same time enacted by the Laws of 1971 (ch 1093, ยง 1), subdivision 6 of the former section 138 was substantially the same as the new and present subdivision 10. Martuscello, Acting P.J., Brennan, Munder and Shapiro, JJ., concur.
Prior to the 1969 amendment, subdivision 6 of section 138 provided that the name of a person signing an independent nominating petition "shall not be counted * * * if the name * * * appears upon another petition nominating the same or a different person for the same office." In Matter of Di Crocco v. Power ( 12 N.Y.2d 762), the Court of Appeals held that a person who merely signed a designating petition was not barred from signing an independent nominating petition of a candidate for the same office. As a result of the 1969 amendment, subdivision 6 of section 138 now states that the name of a person signing an independent nominating petition "shall not be counted * * * if the name * * * appears upon another petition designating or nominating the same or a different person for the same office."