Opinion
Argued October 2, 1944
Decided October 17, 1944
Appeal from the Supreme Court, Appellate Division, Second Department, NOVA, J.
Leo J. Linder for appellant.
Matthew M. Levy, Abraham M. Roth and Philip Haber for David Schukin, respondent appearing specially.
Ignatius M. Wilkinson, Corporation Counsel ( William J. Fleming of counsel), for Board of Elections of the City of New York, respondent.
Order affirmed on the ground that the proceeding was not brought within the time limited by the statute ( Matter of King v. Cohen, 293 N.Y. 435, decided herewith). No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ.