Opinion
September 3, 1937.
The parties having agreed in open court that this appeal may be decided by a court of four justices, the decision is as follows: Order denying the petitioner's application affirmed, without costs, as a matter of law and not in the exercise of discretion. There was no substantial compliance with the statute. ( Matter of Dorsey v. Cohen, 268 N.Y. 620.) Hagarty, Johnston, Adel and Taylor, JJ., concur.