Opinion
November 7, 1949.
Present — Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ.
Motion for leave to appeal to the Court of Appeals granted. In this case questions of law have arisen which in our opinion ought to be reviewed by the Court of Appeals. Leave is hereby granted pursuant to subdivision 1 and clause (a) of subdivision 3 of section 589 of the Civil Practice Act. As the order of the Special Term is one which finally determines a special proceeding (cf. Matter of Fabricant v. City of New York, 298 N.Y. 623), there is no need to certify the specific questions of law involved, pursuant to clause (b) of subdivision 3 of section 589 of the Civil Practice Act.