Majority
p. 836In the Matter of the Petition of Vincent Scuderi, Respondent, to Set Aside the Election of a Vice-President and Director of Carvin Bottle Cap Corporation. Isidore Penn et al., Appellant
.— The appeal is from an order confirming the report of the Official Referee, annulling and setting aside the alleged election of appellant Berney Penn as director and vice-president of appellant Garvin Bottle Cap Corporation, declaring such offices vacant, and directing that a new election be held. Order unanimously affirmed, with costs. No opinion. The new election is directed to be held on February 11, 1944, at 2 p. H., upon notice, as provided in the order appealed from. Present — Close, P. J., Hagarty, Cars-well, Johnston and Adel, JJ.