Majority
p. 721Second Department, September, 1938. (September 12, 1938.) In the Matter of the Application of Ann Alexander and James V. Lione, Appellants, against S. Howard Cohen and Others, Constituting the Board of Elections of the City of New York, and Gertrude Kluber, Respondents.
The court is of the unanimous opinion that the petition is in accordance with the statute. The petition indicated plainly that one candidate was a male and the other a female. (Election Law, § 11.) Order reversed on the law, without costs, and motion granted, without costs. Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur.