
    In the Matter of Richard D. McCarthy, Appellant, v. James R. Lawley et al., Constituting the Board of Elections of the County of Erie, et al., Respondents. In the Matter of Richard L. Ottinger, Appellant, v. John P. Lomenzo, as Secretary of State of the State of New York, et al., Respondents. In the Matter of William Dretzin, Appellant, v. John P. Lomenzo, as Secretary of State of the State of New York, et al., Respondents. In the Matter of Mary Anne Krupsak, Appellant, v. John P. Lomenzo, as Secretary of State of the State of New York, et al., Respondents. In the Matter of Sally Montano, Respondent, v. William D. Meisser et al., as Commissioners of the Board of Elections of the County of Nassau, et al., and Andrew J. DiPaola et al., Appellants. In the Matter of Sally Montano, Respondent, v. William D. Meisser et al., as Commissioners of the Board of Elections of the County of Nassau, et al., and Franklin H. Ornstein, Appellant.
    Argued October 5, 1970;
    decided October 7, 1970.
    
      
      Alvin M. Glick, Stanley G. Falk and Alfred S. Remsen, Jr. for Richard D. McCarthy, appellant.
    
      Frederic Block for Richard L. Ottinger and others, appellants.
    
      Binder, Mischkin, Stangler & Strear for Andrew J. DiPaola and others, appellants.
    
      L. Charles Leonard, appellant, pro se.
    
    
      Franklin H. Ornstein, appellant, pro se.
    
    
      
      Jack R. Muratori for John P. Lomenzo, Secretary of State, respondent.
    
      William J. Diggin for Board of Elections of Erie County, respondent.
    
      James P. Shea for Thomas P. Flaherty, respondent.
    
      Eugene C. Tenney for Lynn Dane, respondent.
    
      John Van Voorhis, Henry S. Middendorf, Jr., Serphin R. Maltese and Mason L. Hampton for other respondents.
   In the first above-entitled proceeding: Order affirmed, without costs, on opinion at Appellate Division.

In each of the other proceedings: Order affirmed, without costs (see Matter of McCarthy v. Lawley, decided herewith).

Concur: Judges Scileppi, Breitel, Jasen and Gibson. Judges Burke and Bergan dissent in part and vote to modify by allowing a substitution of names in accordance with section 138 (subd. 4) of the Election Law. Chief Judge Fuld dissents and votes to reverse in the following memorandum: Although I agree—with Judges Burke and Bergan—that, at the very least, a substitution of names should be allowed in accordance with section 138 (subd. 4) of the Election Law, I would go further and uphold the use of the name “ Conservation ” Party and validate the appellants’ nominating petitions for the reasons stated in the opinion at Special Term in Matter of Ottinger v. Lomenzo. [64 Misc 2d 103.]  