Opinion
Argued October 16, 1951
Decided December 6, 1951
Appeal from the Supreme Court, Appellate Division, Third Department.
Kenneth C. Schwartz for appellant.
Samuel M. Birnbaum for American Legion, Department of New York, amicus curiae, in support of appellant's position.
Edward Papantonio for Department of New York, Inc., Veterans of Foreign Wars of the United States, amicus curiae, in support of appellant's position.
Nathaniel L. Goldstein, Attorney-General ( Francis R. Curran and Wendell P. Brown of counsel), for respondent.
Order affirmed, without costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.