Opinion
June 15, 1945.
Appeal from Supreme Court, New York County.
Order affirmed, with $20 costs and disbursements.
The sanity of the petitioner at the time the charges were served at his residence, upon which depends the validity of the service, cannot be decided without a trial, upon these conflicting affidavits.
The order should accordingly be modified by directing a trial of the issues herein.
Martin, P.J., Townley, Glennon and Dore, JJ., concur in decision; Untermyer, J., dissents in opinion.
Order affirmed, with $20 costs and disbursements. No opinion.