Majority
p. 727Second Department, September, 1934. John J. Howard, as President of The Regular Democratic Organization of the Seventh Assembly District, and Others, Appellants, v. Alphonsus Cotter and Others, Respondents.
Order, in so far as appealed from, reversed on the law and the facts, without costs, and motion granted restraining the defendants from using the word “ regular.” In our opinion the use of the word “ regular ” by these defendants tends to mislead the primary electors as to the status of the defendants. Lazansky, P. J., Young, Hagarty and Tompkins, JJ., concur; Kapper, J., not voting. Settle order on notice.