Opinion
Argued January 7, 1944
Decided February 24, 1944
Appeal from the Supreme Court, Appellate Division, Third Department, LAYDEN, J.
Milton R. Weinberger, William Klein, Laurence V. Benedict and Adolph Lund for appellant.
Charles M. Hughes for respondent.
Nathaniel L. Goldstein, Attorney-General ( Wendell P. Brown and Orrin G. Judd of counsel), appearing in support of the constitutionality of section 40-b of the Civil Rights Law, pursuant to section 68 of the Executive Law.
Judgment affirmed; no opinion. (See 292 N.Y. 643.)
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, CONWAY, DESMOND and THACHER, JJ. Taking no part: LEWIS, J.