Opinion
Argued June 5, 1946
Decided July 23, 1946
Appeal from the Supreme Court, Appellate Division, Second Department, SCHMIDT, J.
Lyle Evans Mahan and Morgan H. Seacord for appellants.
Aaron Simmons, Corporation Counsel ( Francis S. Claps of counsel), for respondent.
Appeal dismissed, with costs, upon the ground that no constitutional question was properly raised in the courts below. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER and FULD, JJ. Taking no part: DYE, J.