
    In the Matter of Wilfred D. Murtha, Appellant, against George P. Monaghan, as Commissioner of the Harness Racing Commission of the State of New York, Respondent.
    Submitted July 2, 1957;
    decided July 3, 1957.
   " Motion for reargument denied Motion to amend remittitur granted. Return of remittitur requested and, when r¿turned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, as follows: Appellant argued that the provisions of section-63 of the Pari-Mutuel Revenue Law (§ 40, as amd.; L. 1940, ch. 254, as amd.) are void as being violative of the Fourteenth Amendment, insofar as they prohibit appellant, as a public employee, from obtaining a license as a mutuel clerk at Roosevelt Raceway. The Court of Appeals held that the rights of appellant under the Fourteenth Amendment had not been violated.or denied. [See 2 N Y 2d 819.]  