
    In the Matter of David M. Civilette, Respondent, v. George Caccamise et al., Constituting the Board of Elections of the County of Chautauqua, et al., Appellants.
    Argued October 18, 1973;
    decided October 23, 1973.
    
      
      Bruce K. Carpenter and Donald J. McCarthy, Jr. for Daniel Larson and Chester Woloszyn, appellants.
    
      David M. Civilette, respondent in person.
   Order affirmed, without costs; no opinion.

Concur: Chief Judge Fuld and Judges Btjbke, Gabbielli, Jones and Wachtleb. Judges Jasen and Shapibo dissent and vote to reverse on the authority of Matter of Cohalan v. Olmo (41 A D 2d 840) and the fact that upon the argument of this appeal the appellants presented a certified copy of the petition filed with the Board of Elections, the contents of which were conceded by the respondent to be accurate. 
      
       Designated pursuant to section 2 of article VI of the State Constitution in place of Bbeitel, J.
     