SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
June 9, 1969
IN THE MATTER OF DONALD E. ARCHER, APPELLANT,
EVERETT F. MCNAB ET AL., CONSTITUTING THE BOARD OF ELECTIONS OF SUFFOLK COUNTY, RESPONDENTS
In a proceeding to validate petitions designating appellant as a candidate in the Democratic Party Primary Election to be held on June 17, 1969 for nomination for the public office of Councilman of the Town of Huntington, the appeal is from an order of the Supreme Court, Suffolk County, entered June 6, 1969, which dismissed the petition in the proceeding.
Beldock, P. J., and Rabin, J., concur; Benjamin, J., concurs. Hopkins and Martuscello, JJ., dissent.
No opinion. Benjamin, J., concurs, with additional reliance on the views set forth in his memorandum in Matter of Costantini v. Board of Elections of Suffolk County (32 A.D.2d 794). Hopkins and Martuscello, JJ., dissent and vote to reverse the order and declare the designating petitions valid.
Order affirmed, without costs.
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