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In the Matter of FRANK SERRI, Respondent, against WILLIAM J. HEFFERNAN et al., Constituting the Board of Elections in the City of New York, Respondents; ALBERT J. ADDEO et al., Appellants.

Order affirmed, with costs. Question certified not answered. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND and FULD, JJ. CONWAY and DYE, JJ., dissent upon the ground that in view of the failure of the petitioner-respondent to comply with the provisions of the order of Mr. Justice JOHNSON within the statutory period, no jurisdiction over appellants was obtained. (Election Law, § 330, subd. 1; § 335; Matter of King v. Cohen, 293 N.Y. 435; Matter of Constantino, 286 N.Y. 681; Matter of Torre v. Heffernan, 296 N.Y. 624; Matter of Kram v. Cohen, 293 N.Y. 746.) Taking no part: THACHER, J.

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MATTER OF SERRI v. HEFFERNAN
(Aug 20, 1948)