Opinion
Submitted February 17, 1947
Decided February 28, 1947
Appeal from the Supreme Court, Appellate Division, First Department, BOTEIN, J.
William H. Timbers and Cleveland C. Cory for motion.
Arthur A. Beaudry opposed.
Motion to dismiss appeal denied, with $10 costs. While no constitutional question was urged at the Trial Term, it is sufficient for our jurisdictional purposes that, as here, a substantial constitutional question was properly presented to the Appellate Division and was necessarily involved in its decision.