
    In the Matter of Boris Schneeberg et al., Respondents, v New York State Board of Elections, Respondent, and Esther S. Axtell, Appellant.
    Argued October 7, 1980;
    decided October 9, 1980
    
      APPEARANCES OF COUNSEL
    
      John F. Haggerty and William Y. Crowell, III, for appellant.
    
      Terence P. O’Leary for Boris Schneeberg and others, respondents.
    
      Thomas P. Zolezzi for New York State Board of Elections, respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, without costs, and the judgment of Special Term dismissing the proceeding reinstated.

. The proceeding seeks validation of the petition designating Matthew F. McHugh as Liberal Party candidate for Congress in the 27 th Congressional District. No question as to the timeliness of the proceeding has been raised. Petitioners’ attorney conceded on argument, however, that the petition was in fact invalid. Inasmuch as a petition to validate searches the record, and petitioners cannot establish the validity of the nominating petition, the proceeding must be dismissed.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order reversed, without costs, and the judgment of Supreme Court, Albany County, reinstated in a memorandum.  