Opinion
Argued June 3, 1963
Decided July 10, 1963
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, IRVING L. LEVEY, J.
Arnold Schildhaus for appellant.
Louis J. Lefkowitz, Attorney-General ( Irving Galt, Irving L. Rollins and Philip Weinberg of counsel), for respondents.
Appeal dismissed. Since the courts below acted within their proper discretion in dismissing the complaint, there is no constitutional question directly involved. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.