
    In the Matter of the Application of Philip Dimentstein for an Order to Invalidate and Declare Null and Void the American Labor Party Designating Petition Filed by or on Behalf of Max H. Frankle with the Board of Elections of the City of New York on the 16th Day of August, 1938, as a Candidate for the Public Office of State Senator, 4th Senatorial District, Kings County, State of New York, and for a Further Order Enjoining and Restraining the Board of Elections of the City of New York from Printing and Placing upon the Official Ballot to Be Voted for at the Primary Election to Be Held on September 20th, 1938, the Name of Max H. Frankle, or His Substitute, if Any, as a Designee for Said Office. Philip Dimentstein, Appellant; Max H. Frankle, Respondent.
   Order affirmed, without costs. No opinion. Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur.  