MATTER OF WEIN v. Molinari

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Messrs. Molinari, Thompson, Hart and Petrides filed objections to appellant’s nominating petition which were upheld by the Board of Elections. In his subsequent special proceeding to validate his petition, appellant named and served only Molinari and Thompson. Accordingly his proceeding was fatally defective for failure to. name and serve Messrs. Hart and Petrides (Matter of Cappellazzi v Toto, 41 NY2d 1050).

It is irrelevant that Hart had not joined in the counterpart proceeding to invalidate…