Joseph F. Chudoba and Others, Respondents, v. John W. Green, as National President of the Industrial Union of Marine and Shipbuilding Workers of America, an Unincorporated Association Having Seven or More Members, Defendant, Philip H. VanGelder, as Secretary-Treasurer of Said Industrial Union, Appellant, Gavin MacPherson, as President of Local 22, etc., Appellant, and Harry Gordon, as Treasurer of Said Local 22, Industrial Union of Marine and Shipbuilding Workers of America, Appellant

Joseph F. Chudoba and Others, Respondents, v. John W. Green, as National President of the Industrial Union of Marine and Shipbuilding Workers of America, an Unincorporated Association Having Seven or More Members, Defendant, Philip H. VanGelder, as Secretary-Treasurer of Said Industrial Union, Appellant, Gavin MacPherson, as President of Local 22, etc., Appellant, and Harry Gordon, as Treasurer of Said Local 22, Industrial Union of Marine and Shipbuilding Workers of America, Appellant. [MAJORITY] Upon consent of the attorneys for the respective parties this case is set down for immediate trial and the clerk of Special Term, Part III, New York County, is directed to place the cause at the head of the day calendar for Monday, November 17, 1941. In making this disposition we do not pass upon the merits of the controversy nor do we express an opinion as to any of the issues. Orders affirmed, without costs. Present — Martin, P. J., O’Malley, Townley, Dore and Cohn, JJ.