
    In the Matter of Bernard C. Lucchese et al., Respondents, v Philip J. Rotella et al., Appellants, and Helena M. Donohue et al., Respondents.
    Argued October 25, 1983;
    decided October 28, 1983
    
      APPEARANCES OF COUNSEL
    
      Charles Apotheker, appellant pro se, and for Phillip J. Rotella and others, appellants.
    
      Robert J. Miller, Arthur Moskoff and Jerry A. Weiss for O. Fred Miller and another, appellants.
    
      Thomas J. Spargo for Bernard C. Lucchese and others, respondents.
    
      lian S. Schoenberger, County Attorney (Martin Hurwitz of counsel), for Rockland County Board of Elections, respondent.
    
      Robert Abrams, Attorney-General (William J. Kogan and Peter J. Dooley of counsel), respondent pro se.
    
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs, for those reasons set forth in the memorandum of the Appellate Division which relate to the failure to abide by the requirements of subdivision 1 of section 6-108 of the Election Law.

While we do not address the appropriateness or propriety of instituting this proceeding in Albany County rather than in Rockland County where the controversy arose, we do not condone the practice.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

Order affirmed, without costs, in a memorandum.  