Majority
p. 982Frederick F. Pordum, Appellant, v John J. Suffoletta et al., Respondents.
Order unanimously affirmed, without costs. Memorandum: We take judicial notice that pursuant to our prior decision, petitioner would be ineligible to assume the office which he seeks (see Ernewein v Pordum, 96 AD2d 1014 ). In any event, we concur with Special Term that the Board of Elections properly rejected petitioner’s nominating petition. (Appeal from order of Supreme Court, Erie County, Francis, J. — Election Law, § 16-102.) Present — Hancock, Jr., J. P., Callahan, Doerr, Denman and Moule, JJ. (Order entered Oct. 26, 1983.)