Opinion
Decided September 11, 1991
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Raymond E. Cornelius, J.
Patrick M. Malgieri, County Attorney (Raymond J. Lum of counsel), for Monroe County Board of Elections, appellant.
Louis B. Cristo for Committee to Fill Vacancies, appellant.
Sheldon W. Boyce for William D. Reilich, appellant.
Gerald P. Cleary for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division ( 176 A.D.2d 1197).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA. Judge HANCOCK, JR., dissents and votes to reverse for the reasons stated in the opinion by Justice Raymond E. Cornelius at Supreme Court, Monroe County.