
    In the Matter of Frank G. Frosch, Respondent, against Paul J. Kern et al., as Commissioners of the Municipal Civil Service Commission of the City of New York, et al., Appellants, and S. Howard Cohen et al., as Commissioners of the Board of Elections of the City of New York, Respondents.
    Argued April 12, 1939;
    decided May 23, 1939.
    
      William C. Chanler, Corporation Counsel (Robert H. Schaffer and Paxton Blair of counsel), for defendants, appellants.
    
      Irving H. Saypol and Leo Kotler for petitioner, respondent.
    
      John J. Bennett, Jr., Attorney-General (Henry Epstein and Hyman Wank of counsel), for defendants, respondents.
   Order affirmed, with costs, on authority of Matter of Fugazy v. Kern (280 N. Y. 375), decided herewith. No opinion.

Concur: Crane, Ch. J., Lehman, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: O’Brien, J.  