
    The People of the State of New York ex rel. Herman Goldowitz, Respondent, v. Morris Karnes, Appellant.
    Argued July 23, 1940;
    decided July 24, 1940.
    
      I. Maurice Wormser and Leonard Bronner, Jr., for appellant.
    
      Arthur D. Brennan, Chester A. Slocum and James D. Hopkins for respondent.
   Order affirmed, without costs; no opinion.

Concur: Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ. Lehman, Ch. J., dissents on the ground that the cases which hold that there can be no casting vote unless there be a tie are based upon statutes which specifically so provide. In this case it appears from a reading of the statute that the Mayor has a casting vote whenever his vote would be a vote that turns the scab (Cf. Oxford Dictionary).  