In the Matter of the Application of Frank Scheiner, Appellant, for Relief under the Election Law and Other Law in Such Case Made and Provided, against "John Doe," "James Roe," "Mary Smith" and "Jane Brown," Said Names Being Fictitious, True Names Being Unknown to Petitioner, Persons Intended Constituting the Board of Inspectors of Election for the 6th Election District of the 2nd Assembly District of Queens County in the Primary Election Held on September 16, 1941, Respondents; S. Howard Cohen and Others, Commissioners of Elections of New York City, Constituting the Board of Elections of New York City and the Board of Canvassers for the County of Queens, and Paul Livoti, County Clerk of Queens County, Respondents; Charles P. Sullivan, District Attorney, Queens County, Intervener, Respondent

(October 15, 1941.) In the Matter of the Application of Frank Scheiner, Appellant, for Relief under the Election Law and Other Law in Such Case Made and Provided, against “John Doe,” “James Roe,” “Mary Smith” and “Jane Brown,” Said Names Being Fictitious, True Names Being Unknown to Petitioner, Persons Intended Constituting the Board of Inspectors of Election for the 6th Election District of the 2nd Assembly District of Queens County in the Primary Election Held on September 16, 1941, Respondents; S. Howard Cohen and Others, Commissioners of Elections of New York City, Constituting the Board of Elections of New York City and the Board of Canvassers for the County of Queens, and Paul Livoti, County Clerk of Queens County, Respondents; Charles P. Sullivan, District Attorney, Queens County, Intervener, Respondent. [MAJORITY] The parties having agreed in open court that this appeal may be decided by a court of four justices, the decision is as follows: On argument, order affirmed, without costs. Motion for leave to appeal to the Court of Appeals granted. Hagarty, Adel, Taylor and Close, JJ., concur. [177 Misc. 463.]