Opinion
Argued October 21, 1938
Decided November 29, 1938
Appeal from the Supreme Court, Appellate Division, Fourth Department.
Harry Rosenberg for appellant.
Percival D. Oviatt and Robert L. Griffith for respondent.
Appeal dismissed, with costs, on the ground no constitutional question is directly involved. No opinion.
Concur: CRANE, Ch. J., LEHMAN, HUBBS, LOUGHRAN and FINCH, JJ. Taking no part: O'BRIEN and RIPPEY, JJ.