Opinion
Submitted January 8, 1940
Decided January 12, 1940
Appeal from the Supreme Court, Appellate Division, Second Department, MAY, J.
Lionel P. Marks, Harold H. Feigin and Arnold T. Koch for motion to dismiss appeal and in opposition to motion for a stay.
Jacob Krisel in opposition to motion to dismiss appeal and for motion for a stay.
Motion to dismiss appeal denied. The order appealed from is a final order and the appeal lies from the order entered in the office of the clerk of the Appellate Division upon the decision of the Appellate Division. ( Matter of Westberg, 279 N.Y. 316.) From that order the appellants may appeal as of right and may again raise the constitutional question. Motion for a stay pending the appeal granted.