
    In the Matter of the Application of Frederick Gardener and Malvern H. Cunningham, Appellants, for an Order Judicially Determining All Questions of Law and Fact Herein and Containing Directions Addressed to the Board of Elections in the City of New York with Respect to a Certain Alleged Nominating Petition Heretofore Filed with the Board of Elections in the City of New York Purporting to Nominate Patrick J. Beary as a Candidate for the Office of Councilman of the City of New York from the Borough of Queens, and Declaring the Said Petition to Be Invalid, Null and Void, and Ineffective to Constitute a Nominating Petition, and for Other Relief. S. Howard Cohen and Others, Commissioners of Election, Constituting the Board of Elections of the City of New York, and Patrick J. Beary, Respondents.
   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.  