Opinion
Argued June 13, 1968
Decided June 13, 1968
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, HAMILTON WARD, J.
Rudolph U. Johnson for appellant.
Arthur G. Baumeister for Delmar L. Mitchell, respondent.
George M. Nelson, County Attorney ( Anthony C. Vaccaro of counsel), for Richard R. O'Connell and another, as Commissioners of the Erie County Board of Elections, respondents.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, KEATING, BREITEL and KOREMAN. Taking no part: Judge JASEN.
Designated pursuant to section 2 of article VI of the State Constitution in place of BURKE, J., disqualified.