
    In the Matter of Frank C. Moore, as Comptroller of the State of New York, on Behalf of the New York State Employees’ Retirement System, Respondent, against Village of Depew et al., Appellants.
    Argued April 12, 1946;
    decided May 29, 1946.
    
      
      Harold P. Kelly and George Clinton, Jr., for appellants.
    
      Nathaniel L. Goldstein, Attorney-General (Henry 8. Ma/nley and Orrin G. Judd of counsel), for respondent.
   Order affirmed, without costs; no opinion.

Concur: Lottghran, Ch. J., Lewis, Conway, Desmond, Thacheb and Dye, JJ.  