
    In the Matter of G. Thomas Moynihan, Jr., Respondent, v Arlene M. Street et al., Constituting the Board of Elections of Warren County, Respondents, and Harold W. Katz, Appellant.
    Argued August 28, 1980;
    decided August 29, 1980
    
      APPEARANCES OF COUNSEL
    
      Thomas J. Spargo for appellant.
    
      Justyn E. Miller for respondent.
   OPINION OF THE COURT

Order affirmed, without costs (see Matter of Higby v Mahoney, 48 NY2d 15).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg. Judge Meyer concurs on constraint of Matter of Higby v Mahoney (48 NY2d 15).  