Opinion
Argued August 25, 1993
Decided August 26, 1993
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Loren N. Brown, J.
Thomas J. Spargo, East Berne, for appellants.
Bartlett Pontiff Stewart Rhodes, Glens Falls (Richard J. Bartlett of counsel), for Sterling T. Goodspeed, respondent.
Thomas M. Lawson, County Attorney of Warren County, Lake George (Brian S. Reichenbach of counsel), for Warren County Board of Elections, respondent.
On petitioner Montgomery's appeal, order affirmed, without costs, for the reasons stated in the Per Curiam opinion at the Appellate Division ( 196 A.D.2d 675).
Appeal by petitioners Hogan and Freebern dismissed, without costs, upon the ground that the two-Justice dissent at the Appellate Division was not a dissent in their favor (CPLR 5601 [a]).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH.