Opinion
February 9, 1962
Present — Bergan, P.J., Coon, Gibson, Herlihy and Taylor, JJ.
Motion for permission to appeal to the Court of Appeals upon a certified question dismissed, without costs. (Civ. Prac. Act, § 589, subd. 2; Matter of American Can Co. v. State Tax Comm., 10 N.Y.2d 1015; and cf. discussion in Matter of Loewy v. Binghamton Housing Auth., 5 A.D.2d 916, appeal dismissed 4 N.Y.2d 1036.)