
    In the Matter of John T. McManus et al., Respondents, against Carmine G. DeSapio, as Secretary of State, et al., Appellants.
    Argued October 24, 1958;
    decided October 24, 1958.
    
      
      Abraham J. Gellinoff for appellants.
    
      David M. Freedman and Morris Zuckman for respondents.
   Order affirmed; no opinion.

Concur: Chief Judge Conway and Judges Dye, Fuld, Froessel and Van Voorhis. Judges Burke and McGivern dissent and vote to reverse upon the authority of Matter of Anderson v. Power (1 A D 2d 603, affd. 1 N Y 2d 868), Matter of Marcatante v. Lundy (4 A D 2d 883, revd. on dissenting-memorandum below 3 N Y 2d 913), Matter of Warsoff v. Cohen (289 N. Y. 108), Matter of Connors v. Messina (308 N. Y. 877), and Matter of Bailey v. Power (5 N Y 2d 746). 
      
       Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of Judge Desmond.
     