In the Matter of Thomas Brennan, Respondent, v. Edward Grabowski, as Chief Clerk of the Board of Elections of the City of New York, County of Richmond, et al., Respondents, and Wilma B. Lobaito et al., Appellants

(February 13, 1975) In the Matter of Thomas Brennan, Respondent, v. Edward Grabowski, as Chief Clerk of the Board of Elections of the City of New York, County of Richmond, et al., Respondents, and Wilma B. Lobaito et al., Appellants. [MAJORITY] In a proceeding (lj -to compel' cancellation of the enrollments of -appellants and others named as respondents in the. proceeding, in the Conservative-Party in Richmond County, and (2) to annul- petitions-presented by'.tiiem to the respondent-Board of Elections of the City .of New York as candidates for >the county committee of said party.in certain Election Districts of the 60tK Assembly District; the appeal i§ from a judgment of the Supreme - Court, Richmond County',• dated'January 6, 1975,-which granted the application to the. extent of directing that the enrollment's of appellants,and certain of the others named as respondents.in the'proceeding be canceled. Judgment reversed insofar as it affects appellants, on the law/ without- costs, and1 proceeding dismissed insofar as it refers $p the enrollment,-'and petitions for the candidacies, of- appellant^. Before the enrollment of a voter as. a member of the ConsérVatiye'Party can be stricken on the-ground that hfe-is riot in sympathy, with the principles of said . parly, a hearing-must be -held by the.' chairman of -the county committee of the Conservative Party or-by a-subcommittee appointed by him on notice to the vote! (Election Law,, § 332, subd., 2) . Gulotta, P. Jv. Rabin, Martuscéllo, Benjamin and Shapiro, JJ., .concur. -