
    In the Matter of Timothy J. Fogarty, Appellant, v. John P. Lomenzo, as Secretary of State of the State of New York, et al., Respondents.
    Argued October 5, 1970;
    decided October 7, 1970.
    
      
      John J. Clyne for appellant.
    
      Louis J. Lefkowitz, Attorney-General (Cornelius Donahue of counsel), for John P. Lomenzo, Secretary of State, respondent.
    
      John E. Egan for John L. Larkin and others, respondents.
   Order affirmed, without costs, on opinion at Appellate Division.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  