The opinion
Order affirmed, without costs. Section 248 of the Election Law is clear and constitutional. Our decision in Matter of Battista v. Power (16 N Y 2d 198) overruled Matter of Belford v. Board of Elections of Nassau County ( 306 N. Y. 70 ). This decision is without prejudice to any application which appellant may make at Special Term with respect to the placement of the independent emblem.
Concur: Chief Judge Desmond and Judges Fuld, Van Voorhis, Bueke, Scileppi, Bergan and Keating.