
    In the Matter of Loretta Richter et al., Petitioners-Respondents, v. Seymour R. Thaler, Appellant, and James M. Power et al., Constituting the Board of Elections of the City of New York, Respondents.
    Argued February 16, 1962;
    decided February 16, 1962.
    
      
      Robert B. Brady and Harry Kandel for appellant.
    
      Michael A. Castaldi and Joel L. Cohen for Loretta Richter and another, respondents.
   Concur: Judges Dye, Froessel, Burke, Foster and Hunt. Judges Fuld and MaoAffer* dissent and vote to reverse upon the ground that to affirm here and to hold invalid the independent nominating petition of appellant Thaler is to permit technicality and literalness to run riot. The Legislature could never have intended such a result as this. 
      
       Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of Chief Judge Desmond and Judge Van Vooehis.
     