Opinion
February 16, 1953.
Present — Nolan, P.J., Carswell, Adel, MacCrate and Schmidt, JJ.
In a proceeding under article 78 of the Civil Practice Act, to compel the Surrogate, Kings County, to admit a will to probate, appeal from the order denying the application and dismissing the proceeding dismissed, without costs, in view of the determination in Matter of Brainard ( ante, p. 841, decided herewith).