Opinion
September 16, 1942.
Appeal from a temporary order restraining the Secretary of State from certifying the nominations made by the "Communist Party." Order reversed on the law and facts. The court has considered such facts as are alleged in the petition and finds that sufficient are not pleaded. The order is reversed on that ground and upon other grounds. Hill, P.J., Crapser and Heffernan, JJ., concur; Schenck and Foster, JJ., dissent. [ 179 Misc, 1.]