Majority
p. 724In the Matter of the Application of Vincent M. Sofia and Others for an Order Directing S. Howard Cohen and Others, Constituting the Board of Elections of the City of New York, Respondents, to Place on the Primary Ballot for the Primary Election Scheduled to Be Held on September 20th, 1938, the Names of Vincent M. Sofia, as Designee for Congress for the 8th Congressional District, Kings County, New York; William Weidberg, as Designee for Member of the State Senate, 4th Senatorial District, Kings County, State of New York; George J. Gostin, as Designee for Member of Assembly, 9th Assembly District, Kings County, State of New York; Abraham Moskowitz, as Designee for Member of Assembly, 16th Assembly District, Kings County, State of New York, All Duly Designated for Their Respective Offices on the Petitions Duly Filed for the Democratic Primary Election to Be Held on September 20th, 1938, in the County of Kings, City and State of New York. Joseph Di Maggio, Appellant.
The parties having agreed in open court that this appeal may be decided by a court of four justices, the decision is as follows: Order affirmed, without costs. No opinion. Lazansky, P, J,, Johnston, Taylor and Close, JJ,, concur.