Order modified so as to sustain the action of the respondents, the Board of Elections of ‘he City of New York, in receiving and filing the certificate of the party nomination, and as so modified affirmed, without costs. This decision is made without pissing'on the merits of any question which may affect the claim of any of the contestants to the office as the result of an appointment to this office or the election thereto. Hirschberg, P. J., Woodward, Jenks, Hooker and Gaynor, JJ., concurred.