Opinion
July, 1935.
Present — Lazansky, P.J., Young, Tompkins and Johnston, JJ.; Carswell, J., not voting.
Motion denied and proceeding dismissed. The court is convinced that respondent did not intend to offend. A misunderstanding as to the rulings of the Appellate Term led him to make the motion to commit out of a mistaken sense of caution. The charge is dismissed.