Opinion
December 16, 1969
MEMORANDUM BY THE COURT. Appeal from an order of the Supreme Court at Special Term, entered December 9, 1969 in Schenectady County, which dismissed a petition brought pursuant to section 330 of the Election Law and CPLR article 78. Order affirmed, without costs. This court feels bound by Matter of Mullen v. Heffernan ( 193 Misc. 334, affd. 274 A D 972, affd. 298 N.Y. 785) and Matter of Hogan v. Supreme Court ( 281 N.Y. 572.) Herlihy, P.J., Reynolds, Staley, Jr., Cooke and Sweeney, JJ., concur in memorandum by the court.