Majority
p. 899(October 18, 1948.) Herbert G. Bitz, as Police Justice of the Village of Port Chester, Appellant, v. George M. Fanelli, as District Attorney of Westchester County, et al., Respondents.
In an action by a village police justice for a declaratory judgment, and to compel the district attorney and the sheriff to turn over the custody and possession of moneys seized by the latter in a gambling raid, order dismissing the complaint for failure to state facts sufficient to constitute a cause of action unanimously affirmed, without costs. No opinion. Present — Johnston, Acting P. J., Adel, Nolan, Sneed and Wenzel, JJ.