Opinion
Argued October 25, 1946
Decided October 25, 1946
Appeal from the Supreme Court, Appellate Division, Third Department, MURRAY, J.
Joseph G. Glass for appellants.
Robert E. Whalen, Sharon J. Mauhs, Robert J. Laffin, George Myers, Sol Rubenstein and Russell G. Hunt for respondent.
Nathaniel L. Goldstein, Attorney-General ( John R. Davison of counsel), for Secretary of State.
Order affirmed, without costs on the authority of Matter of Young ( Industrial Government Party) ( 296 N.Y. 684), decided herewith. Application by Secretary of State to cancel and revoke by telegram his certification of the candidates, etc., granted. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY and DYE, JJ. DESMOND, THACHER and FULD, JJ., dissent for reasons stated in their dissenting memorandum in Matter of Young ( Industrial Government Party) ( 296 N.Y. 684), decided herewith.