MATTER OF CONNELL (BEDACHT), 284 N.Y. 164 (1940)

29 N.E.2d 973

In the Matter of JAMES J. CONNELL et al., Respondents. MAX BEDACHT et al., Appellants.

Court of Appeals of the State of New York.Argued October 28, 1940
Decided October 29, 1940

Appeal from the Supreme Court, Appellate Division, Third Department, MURRAY, J.

Page 165

Joseph R. Brodsky for appellants.

Page 166

Osmond K. Fraenkel for American Civil Liberties Union amicus curiae.
Samuel M. Birnbaum, Frank A. Pedlow, Thomas J. Burke an Simon L. Miller for respondents.

Page 167

Per Curiam.

In our opinion, the evidence does not sustain the findings that there were not fifty valid signatures in Franklin county, but we find substantial evidence to sustain the findings in regard to Greene county.

The order should be affirmed, without costs.

LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ., concur.

Order affirmed.