Majority
p. 809In the Matter of the Application of Ethel L. Furnia, as Administratrix, etc., of Dustin D. Furnia, Deceased, Appellant, for an Order under Article 78 of the Civil Practice Act, against Elmer J. Murphy, Mayor, and Howard G. Gray and Others, Trustees, Constituting the Village Board of the Village of Potsdam, New York, Respondents.
Appeal from an order dismissing petition. Order appealed from modified so as to dismiss the petition upon the merits, without costs, and, as so modified, affirmed, without costs. Hill, P. J., Crapser, Bliss, Heffernan and Schenek, JJ., concur.