Matter of Smith

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Order affirmed, with costs; no opinion. (See 290 N.Y. 859.)

Concur: LEHMAN, Ch. J., FINCH, RIPPEY and DESMOND, JJ. Dissenting: LOUGHRAN, LEWIS and CONWAY, JJ.