
    In the Matter of Agnes V. Birmingham, Appellant, against Frank P. Graves, State Commissioner of Education, Respondent.
    (Argued January 12, 1931;
    decided February 10, 1931.)
    
      
      Benjamin Deutsch and Isidore Scherer for appellant.
    
      Ernest E. Cole and Irwin Esmond for respondent.
    
      Arthur J. W. Hilly, Corporation Counsel (William E. C. Mayer of counsel), for the Board of Education of the city of New York, respondent.
   Appeal dismissed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Kellogg, O’Brien and Hubbs, JJ. Not sitting: Lehman, J.  