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, BURKE, SCILEPPI, BERGAN and KEATING.