Opinion
December 13, 1949.
Present — Glennon, J.P., Dore, Cohn, Callahan and Shientag, JJ.; Shientag, J., dissents and votes to confirm the report of the Official Referee and to grant the application.
We are of the opinion that this proceeding is of such a nature that both sides of the question should have been presented before the Official Referee. As there was no opposition to the application herein, we return the proceeding to the Official Referee, and, under subdivision 7 of section 90 Jud. of the Judiciary Law, designate Hon. Frank S. Hogan, District Attorney of New York County, to oppose this application after making diligent inquiry into all the facts and circumstances.