Majority
p. 801(September 9, 1940.) In the Matter of the Application of Aaron F. Goldstein, for an Order to Strike Out and Declare Void a Certain Petition Purporting to Designate Harry Gittleson, as Designee for the Office of Member of Assembly, 14th Assembly District, County of Kings, in the Democratic Primary Election to Be Held on the 17th Day of September, 1940, and for a Further Order Restraining and Enjoining the Board of Elections of the City of New York from Printing upon the Final Primary Ballot to Be Used in the Primary Election the Name of Harry Gittleson, as a Designee for Said Public Office. Aaron F. Goldstein, Appellant; S. Howard Cohen and Others, Constituting the Board of Elections of the City
p. 802of New York, and Another, Respondents.
Motion for leave to appeal to the Court of Appeals denied. Present — Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ.