In the Matter of the Application of Edwin J. O'Toole, Appellant, against Joseph P. McCloskey and Philip N. Krug, as Commissioners of Election, and Constituting the Board of Elections of the County of Nassau, State of New York, and the County Board of Canvassers of Said County of Nassau, for a Judicial Review of the Action of the Inspectors of the Primary Election in All of the Nine Election Districts in the City of Long Beach, in the First Assembly District of the County of Nassau, and for a Judicial Review and Recount of the Ballots Cast by the Democratic Voters at the Election Held at the City of Long Beach, County of Nassau, on the 16th Day of September, 1937, for the Office of Councilman of the City of Long Beach, County of Nassau. Joseph P. McCloskey and, Philip N. Krug, as Commissioners of Election, etc., and George Xanthaky, Respondents

In the Matter of the Application of Edwin J. O’Toole, Appellant, against Joseph P. McCloskey and Philip N. Krug, as Commissioners of Election, and Constituting the Board of Elections of the County of Nassau, State of New York, and the County Board of Canvassers of Said County of Nassau, for a Judicial Review of the Action of the Inspectors of the Primary Election in All of the Nine Election Districts in the City of Long Beach, in the First Assembly District of the County of Nassau, and for a Judicial Review and Recount of the Ballots Cast by the Democratic Voters at the Election Held at the City of Long Beach, County of Nassau, on the 16th Day of September, 1937, for the Office of Councilman of the City of Long Beach, County of Nassau. Joseph P. McCloskey and, Philip N. Krug, as Commissioners of Election, etc., and George Xanthaky, Respondents. [MAJORITY] Order denying motion for a review of the action of the inspectors and a recount of the ballots affirmed on argument, without costs. Hagarty, Davis, Johnston, Taylor and Close, JJ., concur.