Opinion
Argued October 18, 1973
Decided October 23, 1973
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, LEE TOWNE ADAMS, J.
Bruce K. Carpenter and Donald J. McCarthy, Jr. for Daniel Larson and Chester Woloszyn, appellants.
David M. Civilette, respondent in person.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, GABRIELLI, JONES and WACHTLER. Judges JASEN and SHAPIRO dissent and vote to reverse on the authority of Matter of Cohalan v. Olmo ( 41 A.D.2d 840) and the fact that upon the argument of this appeal the appellants presented a certified copy of the petition filed with the Board of Elections, the contents of which were conceded by the respondent to be accurate.
Designated pursuant to section 2 of article VI of the State Constitution in place of BREITEL, J.