Majority
p. 804In the Matter of the Application of Charles Garside and Another, Respondents, v. S. Howard Cohen and Others, Constituting the Board of Elections of the City of New York, Respondents, and Bernard Botein and Another, Intervenors, Appellants.[1]
— Order reversed on the law and motion denied on the ground of the difference in complexion of the committees to fill vacancies, and on the further ground that there were not 3,000 signatures on the petition. Kapper, Hagarty and Carswell, JJ., concur; Lazansky, P. J., concurs on the'1 first ground, the second ground not having been raised; Davis, J., dissents and votes for affirmance.