
    In the Matter of Anthony A. Magnani, Appellant, against Charles A. Harnett, as Commissioner of Motor Vehicles of the State of New York, et al., Respondents.
    Argued January 11, 1940;
    decided January 25, 1940.
    
      
      Roy P. Monahan, James F. Sharkey and Arthur C. Goldberg for appellant.
    
      John J. Bennett, Jr., Attorney-General (Henry Epstein and Vincent Kiebala of counsel), for Commissioner of Motor Vehicles, respondent.
   Order affirmed, with costs, on the ground that the statute is in violation of the Fourteenth Amendment of the Constitution of the United States. We pass on no other point. No opinion.

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