Opinion
Argued June 5, 1945
Decided July 19, 1945
Appeal from the Supreme Court, Appellate Division, Third Department, RUSSELL, J.
Thomas H. Simmons for appellant.
Nathaniel L. Goldstein, Attorney-General ( John C. Crary, Jr., Orrin G. Judd and Wendell P. Brown of counsel), for respondent.
Order affirmed, without costs; no opinion.
Concur: LEHMAN, Ch. J., LEWIS, CONWAY, DESMOND and DYE, JJ. Taking no part: LOUGHRAN and THACHER, JJ.