
    In the Matter of Virgil C. Crisafulli, Appellant, v. John P. Lomenzo, as Secretary of State of the State of New York, Respondent, et al.
    Argued September 28, 1966;
    decided October 19, 1966.
    
      
      Nathan J. Siegel for appellant.
    
      Louis J. Lefhowits, Attorney-General (Cornelius F. Donahue, Ruth Kessler Toch and Herbert H. Smith of counsel), for respondent.
   Order reversed, without costs, and proceeding remitted to the Appellate Division to exercise its discretion as to whether to direct the filing of the acceptance. The proceeding was timely brought under Matter of Carson v. Lomenzo (18 N Y 2d 263), decided September 29, 1966.

Concur: Chief Judge Desmond and Judges Fuld, Van Vooehis, Bubke, Scileppi, Bbegan and Keating.  