Opinion
Argued January 8, 1940
Decided January 12, 1940
Appeal from the Supreme Court, Appellate Division, Third Department, SCHENCK, J.
Frank L. Wiswall and Carl O. Olson for motion.
Robert E. Whalen opposed.
Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless within ten days the Appellate Division resettles its order and certifies a question, in which event the motion is denied.