Majority
p. 939(February 17, 1939.) In the Matter of the Application of Frank G. Frosch, Petitioner, Respondent, for an Order against Paul J. Kern, as President of the Municipal Civil Service Commission of the City of New York, and Others, as Commissioners of the Municipal Civil Service Commission of the City of New York; Joseph D. McGoldrick, Comptroller of the City of New York, and Kenneth A. Dayton, Director of the Budget of the City of New York, Appellants, and S. Howard Cohen and Others, as Commissioners of the Board of Elections of the City of New York, Defendants, Respondents.
Motion for reargument denied, without costs. Motion for leave to appeal to the Court of Appeals granted. [See 255 App. Div. 1006 .] Present — Lazansky, P. J., Hagarty, Davis and Adel, JJ.; Taylor, J., not voting.