Majority
p. 659In the Matter of Louie O. Fiore et al., Respondents, v. Albert L. Hecht et al., Constituting the Dutchess County Board of Elections, Respondents, and Jack Economou, Appellant. Argued September 7, 1971; decided September 8, 1971.
p. 661
Robert L. Ostertag for appellant.
Louie 0. Fiore and Arm B. Rupsis, respondents, pro se.
William V. Welch, County Attorney (Joseph D. Quinn, Jr. of counsel), for Albert L. Hecht and Robert E. Stevens, Commissioners of Elections of Dutchess County, respondents.
Albert L. Hecht, respondent in person.
Order reversed, without costs, on the opinion at Special Term and the judgment of Supreme Court, Dutchess County, reinstated.
Concur: Chief Judge Fuld and Judges Burke, Jasen and Gibson. Judges Scileppi and Breitel dissent and vote to affirm on the ground that the cancellation of the second registration left the respondent Economou without any registration or enrollment outstanding and the subsequent registration would not be effective to reinstate his enrollment until one week after the general election of 1971 under the Election Law. Taking no part: Judge Bergan.