Opinion
For omitted decision of October 20, see post, p. 1038. — [REP.
Present — Lewis, P.J., Hagarty, Carswell, Johnston and Adel, JJ.
Present — Hagarty, Acting P.J., Carswell, Johnston, Nolan and Sneed, JJ.
Motion referred to the court that rendered the decision of June 30, 1947 ( ante, p. 934).
Motion granted to the extent of reconsidering the motion to dismiss the appeal and, on reconsideration, the motion to dismiss the appeal is denied, without costs. The administratrix was a party aggrieved and, therefore, entitled to appeal. ( Fiester v. Shepard, 26 Hun 183, affd. 92 N.Y. 251.)