In the Matter of the Application of James Swan and Others, Petitioners, against S. Howard Cohen and Others, Constituting the Board of Elections of the City of New York, and Others, Respondents, for an Order Directing and Requiring Those of the Respondents Constituting the Board of Elections of the City of New York, to Print and Place on the Ballots of the Next Primary Election to Be Held on September 16th, 1941, the Names of Petitioners and Those Similarly Situated and Named on Said Petitions, as Candidates for the Party Position of County Committeemen of the Democratic Party, of the 12th Election District to the 27th Election District, Inclusive, 5th Assembly District, New York County. James Swan and Others, Appellants; Vincenzo James Gentilesco and Others, Citizens, Objectors, Respondents

In the Matter of the Application of James Swan and Others, Petitioners, against S. Howard Cohen and Others, Constituting the Board of Elections of the City of New York, and Others, Respondents, for an Order Directing and Requiring Those of the Respondents Constituting the Board of Elections of the City of New York, to Print and Place on the Ballots of the Next Primary Election to Be Held on September 16th, 1941, the Names of Petitioners and Those Similarly Situated and Named on Said Petitions, as Candidates for the Party Position of County Committeemen of the Democratic Party, of the 12th Election District to the 27th Election District, Inclusive, 5th Assembly District, New York County. James Swan and Others, Appellants; Vincenzo James Gentilesco and Others, Citizens, Objectors, Respondents. [MAJORITY] Order unanimously affirmed, without costs. Leave to appeal to the Court of Appeals granted. No opinion. Present — O’Malley, Glennon, Dore, Cohn and Callahan, JJ.