Opinion
Argued October 28, 1940
Decided October 29, 1940
Appeal from the Supreme Court, Appellate Division, Third Department, MURRAY, J.
Joseph R. Brodsky for appellants. Osmond K. Fraenkel for American Civil Liberties Union, amicus curiae. Samuel M. Birnbaum, Frank A. Pedlow, Thomas J. Burke and Simon L. Miller for respondents.
In our opinion, the evidence does not sustain the findings that there were not fifty valid signatures in Franklin county, but we find substantial evidence to sustain the findings in regard to Greene county.
The order should be affirmed, without costs.
LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ., concur.
Order affirmed.