In the Matter of Chester C. Gorski, Appellant, against Thomas J. Griffin et al., Respondents

In the Matter of Chester C. Gorski, Appellant, against Thomas J. Griffin et al., Respondents. [MAJORITY] Order unanimously reversed, without costs of this appeal to any party and matter remitted to Special Term, Supreme Court in and for the County of Erie, to hear and take proof on May 27, 1960, at 10:00 a.m. Application for a stay against Board of Elections may be presented to Special Term if circumstances make necessary such a stay. Application for leave to appeal to the Court of Appeals denied. Memorandum: The designating petition filed with the Board of Elections designated candidates for two offices. The joinder of both offices in a single petition opens it to attack by a rival candidate for either of the offices set forth in the designating petition. Subdivision 1 of section 330 of the Election Law provides that a proceeding may be instituted “ by any candidate aggrieved ”. It does not require that the proceedings be instituted by “all” candidates aggrieved. Under the circumstances, the petitioner-appellant is a candidate aggrieved within the provisions of this section of the Election Law. (See Matter of Enright v. Board of Elections of City of N. Y., 257 App. Div, 601, appeal dismissed 282 N. Y. 691; Matter of Scott v. Curran, 198 Misc. 246, revd. on other grounds 277 App. Div. 344, affd. 301 N. Y. 693.) (Appeal from order of Erie Special Term which set aside service of process and dismissed the petition.) Present —- Bastow, J, P,, Goldman, Halpern, McClusky, and Henry, JJ.