In the Matter of the Application of Lester Baum, Plaintiff, Respondent, against I. Arnold Ross, as Chairman of the District Committee of the Republican Party of the Ninth Assembly District in the County of New York, Defendant, Appellant, and Kenneth F. Simpson, as President of the Republican County Committee, Defendant, for a Peremptory Order of Mandamus Directed to the Said I. Arnold Ross Forthwith to Call a Meeting of the Said Ninth Assembly District Committee for the Purposes Enumerated in the Petition Herein and for an Order Staying and Enjoining the Said County Committee from Considering and Acting upon Certain Recommendations for the Filling of Vacancies in the Said County Committee Pending the Calling of the Said District Committee Meeting

(November 17, 1936.) In the Matter of the Application of Lester Baum, Plaintiff, Respondent, against I. Arnold Ross, as Chairman of the District Committee of the Republican Party of the Ninth Assembly District in the County of New York, Defendant, Appellant, and Kenneth F. Simpson, as President of the Republican County Committee, Defendant, for a Peremptory Order of Mandamus Directed to the Said I. Arnold Ross Forthwith to Call a Meeting of the Said Ninth Assembly District Committee for the Purposes Enumerated in the Petition Herein and for an Order Staying and Enjoining the Said County Committee from Considering and Acting upon Certain Recommendations for the Filling of Vacancies in the Said County Committee Pending the Calling of the Said District Committee Meeting. By order of Appellate Division, filed October 5, 1936, appeal was heard on original papers.— [Rep. [MAJORITY] Appeal withdrawn, without costs to either party, and further provisions as indicated in the order. No opinion. Present — Martin, P. J., McAvoy, Untermyer, Dore and Cohn, JJ.