Majority
p. 859In the Matter of Philip Kohnberg et al., Appellants, against Harris H. Murdock et al., Constituting the Board of Standards and Appeals of the City of New York, Respondents, and Morton Pickman et al., Intervenors-Respondents. Submitted November 5, 1958; decided November 20, 1958.
p. 860
Robert S. Dillworth for motion.
Charles E. Tenney, Corporation Counsel (Alfred Weinstein of counsel), opposed.
Murray Stockman, Jacob I. Isaacs and Robert E. Bidwell for intervenors-respondents, opposed.
Motion denied upon the ground that nonconstitutional questions may be argued, along with the constitutional issues, when the appeal is taken as of right under paragraph (a) of subdivision 1 of section 588 of the Civil Practice Act; ‘