
    Third Department,
    April, 1938.
    (April 27, 1938.)
    Jacob Rueffer and Marco Masciarilli, Individually and on Behalf of All Others Similarly Situated, Respondents, v. Department of Agriculture and Markets of the State of New York, Horton V. Noyes, as Commissioner of the Department of Agriculture and Markets of the State of New York, and Another, Appellants.
   Motion by New York State Retail Solid Fuel Merchants Association, Inc., to intervene as amicus curice and to serve and file brief in support of appellants’ appeal granted on condition that the brief be served and filed on or before May 9, 1938. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ. [166 Mise. 430.]  