MATTER OF McLAUGHLIN

Order denying motion to declare void ballots cast for party committeeman on the ground that the person elected was not a member of the Assembly district affirmed, without costs, respondent having neither appeared nor filed a brief. The proper remedy is quo warranto. ( Matter of Hines, 141 App. Div. 569, 574.) Lazansky, P.J., Kapper, Hagarty, Carswell and Davis, JJ., concur.