
    In the Matter of Daniel E. Button, Appellant, v. Thomas F. Donohue et al., Constituting the Board of Elections of Albany County, Respondents.
    Argued October 19, 1966;
    decided October 20, 1966.
    
      
      John B. Gross and Jeffrey A. Austin for appellant.
    
      John J. Glyne, County Attorney, for respondents.
   Order affirmed, without costs. Section 248 of the Election Law is clear and constitutional. Our decision in Matter of Battista v. Power (16 N Y 2d 198) overruled Matter of Belford v. Board of Elections of Nassau County (306 N. Y. 70). This decision is without prejudice to any application which appellant may make at Special Term with respect to the placement of the independent emblem.

Concur: Chief Judge Desmond and Judges Fuld, Van Voorhis, Bueke, Scileppi, Bergan and Keating.  