
    In the Matter of Elizabeth Holtzman et al., Respondents, v. James M. Power et al., Constituting the Board of Elections of the City of New York, Respondents, and Louis J. Lefkowitz, Attorney-General of the State of New York, Intervenor-Appellant.
    Argued June 15, 1970;
    decided June 15, 1970.
    
      
      Louis J. Lefkowitz, Attorney-General (Mark T. Walsh and Samuel A. Hirshowitz of counsel), for intervenor-appellant.
    
      Gerald A. Novack, Michael O. Finkelstein, David N. Ellenhorn, David Bernfeld, Stephen Gillers, Martin Senzel and Michael Varet for petitioners-respondents.
   Order affirmed, without costs, on the opinion by Lane, J., at Special Term dated June 5, 1970.

Concur: Chief Judge Fuld and Judge Bergan, Breitel, Jasen and Gibson. Judges Burke and Scileppi dissent and vote to reverse for the reasons stated in the opinion by Gellinoff, J., at Special Term, dated May 20, 1970 (64 Misc 2d 221), as to the constitutional grounds.  