Rector, Church Wardens & Vestrymen of the Church of the Holy Trinity v. Melish

Motions granted and appeal dismissed, with costs and $10 costs of motions, upon the ground that no constitutional question was property raised in the courts below. (See Matter of O’Neill v. Board of Regents, 298 N. Y. 777; Jongebloed v. Erie R. R. Co., 296 N. Y. 912; City of New Rochelle v. Closter, 296 N. Y. 506.)