McCarthy v. LaGuardia — 283 N.Y. 701

Majority

p. 701

In the Matter of Maurice J. McCarthy, Jr., et al., Appellants, against Fiorello H. LaGuardia, as Mayor and as a Member of the Board of Estimate of the City of New York, et al., Respondents.

Argued May 21, 1940;

decided July 24, 1940.

p. 702

Irving H. Saypol and Leo Kotler for appellants.

William G, Chanler, Corporation Counsel (Frederick v P. Bryan, Robert H. Schaffer and George G. Gallantz of counsel), for respondents.

Order affirmed, with costs; no opinion.'

Concur: Lehman, Ch. J., Loughran, Finch, Sears and Lewis, JJ. Dissenting: Rippey and Conway, JJ.