
    The People of the State of New York ex rel. John H. Deister, Respondent, v. Thomas J. Wintermute, Appellant.
    
      People ex rel. Deister v. Wintermute, 134 App. Div. 65, affirmed.
    (Argued December 10, 1909;
    decided January 4, 1910.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 20,1909, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action of quo warranto.
    
      Richard H. Thurston for appellant.
    
      Michael Danaher, John J. Crowley and Edward R. O'Malley, Attorney-General, for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner, Willard Bartlett and Hiscook, JJ.  