
    Sylvester Holmes, Respondent, v. County of Erie, Appellant.
    Argued November 15, 1943;
    decided January 6, 1944.
    
      Elmer R. Weil and Ralph A. Lehr for appellant.
    
      Harry Rosenberg, Monroe County Legal Adviser, as amicus curiae, in support of appellant.
    
      Truman H. Preston, County Attorney, and Charles T. Major for Onondaga County and New York State County Officers’ Association, as amici curiae in support of appellant.
    
      Michael Catalano and Jacob Weissfeld for respondent.
   Order affirmed with costs, and question certified answered in the affirmative. No opinion.

Concur: Lehman, Ch. J., Loughban, Rippey, Conway, Desmond and Thacher, JJ. Dissenting: Lewis, J.  