Majority
p. 1040(October 21, 1941.) In the Matter of the Application of Frank Kennedy, Appellant, for an Order Declaring an Alleged Certificate of Nomination Filed by the Republican Party Officials of the Town of Pelham with the Election Board of the County of Westchester a Nullity and Directing the Board of Elections and the Commissioners Thereof to Prepare an Official Ballot for the General Election to Be Held in the Town of Pelham on the 4th Day of November, 1941, as Though No Certificate Was Filed, against Ernest F. Eilert and James H. Sullivan, Constituting the Board of Elections of the County of Westchester, and Harold W. Davis, George O’Sullivan, Kneeland S. Durham, Hamilton E. Childs, Charles S. Nelson and John R. Dillon, Respondents.
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. Motion for leave to appeal to the Court of Appeals granted. Carswell, Adel, Taylor and Close, JJ., concur.