Order unanimously affirmed, without costs of this appeal to any party. Memorandum: The petition alleges that the authenticating witness did not in fact witness 38 of the signatures out of a total of 92 signatures on the designating petition. Only 40 valid signatures duly witnessed were required. There is no factual allegation in the petition of any lack of proper authentication with respect to an additional number of signatures sufficient to bring the number of valid ones below the minimum number of 40 and the petitioner offered no proof to that effect at Special Term. We also note that the petition is acknowledged instead of being verified as required by section 335 of the Election Law. Application for leave to appeal to the Court of Appeals granted.