*544 The Apportionment Act of 1916 having been adjudged unconstitutional in the case of Matter of Dowling (219 N. Y. 44) on grounds other than those set forth in the petition herein, the appeal in this ease is dismissed, without costs; no opinion.

Concur: Willard Bartlett, Oh. J., Hiscooic, Chase, OuDDEBACK, HOGAN, CaRDOZO and POUND, JJ.