Majority
p. 916(March 24, 1948.) In the Matter of Samuel R. Scialabba, Appellant, Suing in Behalf of Himself and in Behalf of Gladys R. Axelrod, Similarly Situated, against William J. Heffernan et al., Constituting the Board of Elections of the City of New York, et al., Respondents.
In view of the fact that this was a proceeding to validate rather than invalidate the petition herein, proper notice was given under the order to show cause, in compliance with section 335 of the Election Law. Order reversed on the law, without costs, and the matter remitted to the Special Term for further proceedings. Lewis, P. J., Carswell, Adel and Wenzel, JJ., concur.