Majority
p. 892In the Matter of the Application of Louis K. Maylender, Jr., Appellant, against John T. Morrison and Richard H. Lee, Constituting the Board of Elections of the County of Fulton, and Archibald Wands, as City Clerk of the City of Johnstown, Respondents.
Appeal from an order of the Supreme Court for Fulton county, entered September 25, 1940, which dismissed a petition for an alleged amendment to the charter of the city of Johnstown. The trial court held that the petition did not present an amendment, as contemplated by section 19-a of the City Home Rule Law, but was in effect a proposal to create a new city charter. In our view a mere inspection of the document presented sustains this decision. Order appealed from unanimously affirmed, with costs. Solely upon appellant’s request we hereby certify that a question of law is presented which ought to be reviewed by the Court of Appeals. Present — Hill, P. J., Crapser, Heffernan, Schenck and Foster, JJ.