
    Elizabeth Roper, as Attorney in Fact of Milard K. Roper, Respondent, v. Patrick Walsh, as Fire Commissioner and Chief of Fire Department of City of New York, et al., Appellants.
    Argued June 17, 1942;
    decided July 29, 1942.
    
      
      William C. Chanler, Corporation Counsel (Jeremiah M. Evarts, Oscar L. Tucker and Abraham Shapiro of counsel), for appellants.
    
      Malcolm J. Hartsell and Parnell J. T. Callahan for respondent.
    
      John J. Bennett, Jr., Attorney General (Henry Epstein and John C. Crary, Jr., of counsel), for State of New York, amicus curiæ.
    
   Upon appeal from order: Appeal dismissed, without costs.

Upon appeal from judgment: Judgment affirmed, with costs.

(See Matter of Williams v. Walsh, 289 N. Y. 1.) No opinion. (See 289 N. Y. 647.)

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.  