
    In the Matter of Anthony H. Rudmann, Respondent, v George P. Scaringe et al., Constituting the Board of Elections of the County of Albany, et al., Appellants, et al., Respondents.
    Argued September 2, 1981;
    decided September 3, 1981
    
      APPEARANCES OF COUNSEL
    
      James E. Long for Patricia Hennessey and others, appellants.
    
      William J. Conboy, II, for Board of Elections of County of Albany, appellant.
    
      Thomas J. Spargo for respondent.
   OPINION OF THE COURT

On the appeal by Patricia H. Hennessey and James J. Hennessey: Order affirmed, without costs, for reasons stated in the memorandum at the Appellate Division.

On the appeal by the Board of Elections: Appeal dismissed, without costs, upon the ground that the Board of Elections is not aggrieved by the modification at the Appellate Division (CPLR 5601, subd [a], par [iii]).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  