
    In the Matter of James W. Tuomey, Appellant, against Joseph D. McGoldrick, as Comptroller of the City of New York, Respondent.
    Argued March 6, 1940;
    decided April 9, 1940.
    
      
      Samuel Binder and Jesse C. Rogers for appellant.
    
      William C. Chanler, Corporation Counsel (Jeremiah M. Evarts and Paxton Blair of counsel), for respondent.
   Order affirmed, without costs, on the ground no clear legal right has been shown. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ.  