Opinion
Argued December 2, 1948
Decided December 3, 1948
Appeal from the Supreme Court, Appellate Division, First Department, BENVENGA, J.
William J. O'Shea, Jacob Markowitz, Edward D. Burns and Alexander I. Rorke for appellant.
Robert P. Patterson, Charles H. Tuttle, Samuel M. Blinkin, Benjamin Gassman, Paxton Blair and Louis J. Lefkowitz for respondents.
Walter M. Weis for The City Club of New York, amicus curiae, in support of respondents' position.
Samuel M. Birnbaum for The American Legion Department of New York, amicus curiae, in support of respondents' position.
Order affirmed, without costs upon the ground that the Special Term was without jurisdiction of the proceeding under section 330 of the Election Law. (See Matter of Hogan v. Supreme Court, 281 N.Y. 572, and Matter of Commerdinger v. Vincent, 246 App. Div. 834, affd. 270 N.Y. 657.) We pass upon no other question. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ.