
    In the Matter of the Application of Joseph F. Soviero, Petitioner, Respondent, for an Order Directing the Board of Elections of the City of New York to Accept the Nominating Petition of Joseph F. Soviero as a Candidate for Councilman of the City of New York, Borough of Queens, under the Designation of the City Fusion Party, Filed October 7, 1941, and to Direct the Board of Elections to Certify Said Person as Such Candidate and Place Said Person on the Ballot for the General Election to Be Held on November 4th, 1941. S. Howard Cohen and Others, Constituting the Board of Elections of the City of New York, Respondents; Frederick Gardener, and Malvern H. Cunningham, Intervener, Appellants.
   Order modified on the law and the facts by striking out the provision for costs, and as so modified affirmed, without costs. No opinion. Hagarty, Carswell, Adel, Taylor and Close, JJ., concur.  