Opinion
Submitted October 10, 1941
Decided November 19, 1941
Appeal from the Supreme Court, Appellate Division, Second Department, BROWER, J.
John F. Brennan for appellant.
Solomon Silverstein and Antonio M. Caridi, in person, for Antonio M. Caridi, special guardian, respondent.
John J. Bennett, Jr., Attorney-General ( Robert P. Beyer of counsel), for The People of the State of New York, respondent.
Order affirmed, with costs to the special guardian payable out of the estate of the incompetent; no opinion.
Concur: LEHMAN, Ch. J., FINCH, RIPPEY, LEWIS and DESMOND, JJ. Dissenting: LOUGHRAN and CONWAY, JJ., on the ground that the weight of evidence lies with the finding in the Special Term.