Order insofar as appealed from reversed on the law, without costs, and application insofar as it relates to appellant denied, without costs.
The findings of fact are affirmed. The statutory disqualification is confined to the acceptance or the holding of the incompatible public office and not to the candidate's nomination or his right to be elected to such office.
Murphy and Ughetta, JJ., dissent and vote to affirm on the authority of Matter of Burns v...
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