The papers used on the motion for a preliminary injunction are not properly a part of the record when the appeal is from the judgment and the Appellate Division has decided that the motion for a declaratory judgment must be granted on the pleadings.

*291 In as much as the record has been printed it will be unnecessary to reprint the record on appeal, but on the argument the papers on the motion for a preliminary injunction will not be considered.

Motion denied.