Majority
p. 791In the Matter of the Application of Charles D. Wilcox, Appellant, for an Order under Article 78 of the Civil Practice Act against Holland J. Smith and Others, as Supervisors, etc., Respondents.
Stay of execution of order of Appellate Division entered March 6, 1940, granted pending appeal to the Court of Appeals on condition that appeal be argued within ninety days. [See ante, p. 36, and p. 786.] Present • — • Crosby, P. J., Taylor, Dowling, Harris and McCurn, JJ.