Opinion
Argued October 7, 1954
Decided December 3, 1954
Appeal from the Supreme Court, Appellate Division, Fourth Department, ROBERTS, J.
Arthur VD. Chamberlain for appellant-respondent.
Ellsworth A. Van Graafeiland for defendant-appellant and defendant-respondent.
Upon appeal by plaintiff: Appeal dismissed, without costs, upon the ground that there is no substantial constitutional question involved. Upon appeal by defendant Town of Irondequoit: Order affirmed, without costs. Question certified answered in the affirmative. No opinion.
Concur: LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ.