Opinion
Argued July 6, 1966
Decided July 7, 1966
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, LAWRENCE H. COOKE, J.
John W. Tabner for Edward S. Conway and others, appellants.
Con G. Cholakis for petitioner-respondent.
Elmer M. Rasmussen for Rensselaer County Board of Elections, respondent.
Louis J. Lefkowitz, Attorney-General ( Walter J. Hogan of counsel), for Secretary of State, respondent.
John J. Clyne for Albany County Board of Elections, respondent.
Order reversed, without costs, on the dissenting opinion at the Appellate Division and matter remitted to Special Term to make provision for a Special Primary Election. No opinion.
Concur: Chief Judge DESMOND and Judges VAN VOORHIS, SCILEPPI, BERGAN and KEATING. Judges FULD and BURKE dissent and vote to affirm on the majority opinion at the Appellate Division.