Majority
p. 895In the Matter of the Application of Harry W. Laidler, George Rifkin, Arnold L. Fein, Fred I. Ratney and Herman Horowitz, Appellants, against S. Howard Cohen and Others, Constituting the Board of Elections of the City of New York, and the County Board of Canvassers of the County of Kings; Joseph Dermody and Others, Rival Candidates, and Francis J. Sinnott, County Clerk, Kings County, Respondents.
Order denying petitioners’ motion for the examination, inspection and reeanvassing of the ballots cast in the primary election for members of the State Committee of the American Labor Party in the 12th Assembly District, Kings County, reversed, on consent, without costs. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur. Settle order, on notice, before the Presiding Justice, on Wednesday, May 15,1940, at 9:30 a. m.