Opinion
Submitted October 2, 1950
Decided October 5, 1950
Appeal from the Supreme Court, Appellate Division, Second Department, STEINBRINK, J.
Theodore Kiendl and Jackson A. Dykman for motion.
Raphael H. Weissman opposed.
Motions granted and appeal dismissed, with costs and $10 costs of motions, upon the ground that no constitutional question was properly raised in the courts below. (See Matter of O'Neill v. Board of Regents, 298 N.Y. 777; Jongebloed v. Erie R.R. Co., 296 N.Y. 912; City of New Rochelle v. Closter, 296 N.Y. 506. )