Opinion
Argued October 16, 1931
Decided October 23, 1931
Appeal from the Supreme Court, Appellate Division, Fourth Department.
Leon A. Plumb and William MacFarlane for appellant.
James Mann for respondents.
John J. Bennett, Jr., Attorney-General ( Henry Epstein and Harold Greenstein of counsel), for the State of New York.
Ernest E. Cole and Irwin Esmond for the Commissioner of Education of the State of New York, amicus curiae.
Judgment affirmed, with costs; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.