Opinion
Argued February 26, 1946
Decided June 6, 1946
Appeal from the Supreme Court, Appellate Division, Third Department, FITZSIMMONS, J.
Nathaniel L. Goldstein, Attorney-General ( Orrin G. Judd, Harold S. Coyne, Charles F. Steele and Kenneth J. Dugan of counsel), for appellant.
Ernest B. Morris and Edward G. Dillon for respondent.
Judgment of Appellate Division reversed and matter remitted to that court for compliance with section 602 of the Civil Practice Act, without costs. ( People ex rel. Sheffield Farms Co. v. Lilly, 295 N.Y. 354.) We do not pass on the merits. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ.; MEDALIE, J., deceased.