Opinion
Argued August 20, 1948
Decided August 20, 1948
Appeal from the Supreme Court, Appellate Division, Second Department, STEINBRINK, J.
George Rosling and Sidney Squire for appellants.
Milton H. Friedman for respondent.
John P. McGrath, Corporation Counsel ( Angela Parisi of counsel), for Board of Elections, respondent.
Order affirmed, with costs. Question certified not answered. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND and FULD, JJ. CONWAY and DYE, JJ., dissent upon the ground that in view of the failure of the petitioner-respondent to comply with the provisions of the order of Mr. Justice JOHNSON within the statutory period, no jurisdiction over appellants was obtained. (Election Law, § 330, subd. 1; § 335; Matter of King v. Cohen, 293 N.Y. 435; Matter of Constantino, 286 N.Y. 681; Matter of Torre v. Heffernan, 296 N.Y. 624; Matter of Kram v. Cohen, 293 N.Y. 746.) Taking no part: THACHER, J.