
    In the Matter of the Application of William Rhinelander Stewart and Others, Appellants, for an Order Directing the Filing and Recording of the Certificate of Incorporation of Pari-Mutuel Messenger Service, Inc., against The Department of State of the State of New York and Hon. Michael F. Walsh, as Secretary of State of the State of New York, Respondents.
   Appeal from an order of the Special Term of the Supreme Court, entered in Albany county clerk’s office on the 11th day of September, 1940, dismissing a petition under article 78 of the Civil Practice Act, which prayed that an order be granted annulling a determination of the respondents refusing to accept for filing the certificate of incorporation of Pari-Mutuel Messenger Service, Inc. The opinion of the Special Term is reported at 174 Misc. 902. Order unanimously affirmed, with fifty dollars costs and disbursements. Present — Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ.  