
    [914 NE2d 141, 885 NYS2d 449]
    In the Matter of Flora Fasoldt et al., Respondents, v Lawrence Bugbee et al., Constituting the Rensselaer County Board of Elections, et al., Respondents, and Christopher N. Consuello et al., Appellants. (Proceeding No. 1.) In the Matter of James Brearton et al., Respondents, v Lawrence Bugbee et al., Constituting the Rensselaer County Board of Elections, et al., Respondents, and Christopher N. Consuello et al., Appellants. (Proceeding No. 2.)
    Argued August 25, 2009;
    decided August 26, 2009
    
      APPEARANCES OF COUNSEL
    
      David L. Gruenberg, Troy, for appellants in the first and second above-entitled proceedings.
    
      Thomas V. Kenney, Jr., Troy, for respondents in the first and second above-entitled proceedings.
   OPINION OF THE COURT

Order reversed and proceedings dismissed (see Matter of Cass v Krakower, 13 NY3d 118 [2009] [decided today]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.  