
    SMITH, Appellant, v. BOARD OF SUP'RS OF ESSEX COUNTY, Respondent.
    (Supreme Court, Appellate Division, Third Department.
    June 24, 1909.)
    Action by Frank E. Smith against the Board of Supervisors of the County of Essex.
   PER CURIAM.

Order of affirmance amend-. ed, so as to state that the order is affirmed, not as a matter of discretion, but upon the grounds stated in the order appealed from. The motion for leave to go to the Court of Appeals granted, and the following question certified: Was the application for injunction properly denied upon the grounds stated in the order made at Special Term denying same? See, also, 116 N. Y. Supp. 1148.  