Opinion
Argued August 30, 1977
Decided August 31, 1977
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN A. GARBARINO, J.
Jeremiah B. McKenna for appellant. Lawrence A. Mandelker for respondents.
MEMORANDUM.
Order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division. The failure to join the objector Molinaro is not fatal. His objections were not reviewed by the Board of Elections. Under the circumstances of this case the objector Molinaro is not a necessary party since the aggrieved candidate himself has presented the issues for review (cf. Matter of Butler v Hayduk, 37 N.Y.2d 497).
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order affirmed, without costs, in a memorandum.