Opinion
Argued April 9, 1940
Decided June 14, 1940
Appeal from the Supreme Court, Appellate Division, Third Department, BERGAN, J.
Thomas R. Wheeler for appellant.
John J. Bennett, Jr., Attorney-General ( Henry Epstein and Jack Goodman of counsel), for respondent.
Appeal dismissed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.