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In the Matter of JAMES W. TUOMEY, Respondent, against S. HOWARD COHEN et al., Constituting the Board of Elections of the City of New York. JEROME G. AMBRO, Appellant.

MEMORANDUM: Some of the judges are of opinion that the appellant Ambro validly complied with section 335 of the Election Law but that view does not have the support of a majority of the court. Since the Appellate Division's order of modification was made on the law alone, we lack the power to review the facts (Civ. Prac. Act, § 602). Hence, the order is affirmed, without costs. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND and FULD, JJ. Taking no part: THACHER and DYE, JJ.

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MATTER OF TUOMEY v. COHEN
(Aug 17, 1946)