Johnson v. Black 104 A.D.2d 540

— Oral application for leave to intervene is granted, without costs or disbursements, and the stipulation dated September 10, 1984 and the order of the Supreme Court, New York County, entered on September 10, 1984 (Edward R. Dudley, J.), are vacated for lack of due process notice and the matter returned to the Board of Elections for further proceedings. Concur — Kupferman, J. P., Fein and Kassal, JJ.

Silverman, J.,

dissents and would dismiss the appeal for lack of an appealable order.