Opinion
Argued February 26, 1940
Decided March 12, 1940
Appeal from the Supreme Court, Appellate Division, Third Department.
Ernest P. Seelman for appellant.
John J. Bennett, Jr., Attorney-General ( W. Gerard Ryan, Francis R. Curran and Henry Epstein of counsel), for respondent.
Order affirmed, without costs; no opinion.
Concur: LOUGHRAN, FINCH, RIPPEY, SEARS and CONWAY, JJ. Dissenting: LEHMAN, Ch. J., and LEWIS, J.