
    In the Matter of the Petition to Set Aside the Election of Catherine F. Farrell et al., as Directors of the Brooklyn City Savings and Loan Association. John D. Holsten, Appellant; Leo J. Hickey et al., Respondents.
    
      Loan associations — by-laws prescribing for nomination of candidates for board of directors — when names of candidates not nominated may be properly written in on hallot at time of election.
    
    
      Matter of Farrell (Bklyn. City S. & L. Assn.), 205 App. Div. 443, affirmed.
    (Argued Juno 1, 1923;
    decided July 13, 1923.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 11, 1923, which reversed an order of Special Term holding that section 40 of the by-laws of the Brooklyn City Savings and Loan Association makes a nomination pursuant to the terms thereof a condition precedent to a valid election as director and that names of candidates written in on the ballot at the time of the election were not properly before the association for election to the board of directors, and that they were not legally elected, even though they had received a greater number of votes than had those nominated pursuant to the provisions of the by-laws.
    
      Dominic B. Griffin, Peter P. Smith and Joseph J. Reiher for appellant.
    
      Leo J. Hickey and Edward J. Byrne for respondents.
   Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, Crane and Andrews, JJ. Dissenting: McLaughlin, J.  