Opinion
September 29, 1959
Order unanimously affirmed, without costs. The only question presented to Special Term and passed on by it was whether the respondent was the proper party in these proceedings. In our affirmance of the determination made at Special Term, we pass upon no other question. The time to answer will be fixed in the order to be settled herein. Settle order.
Concur — Botein, P.J., Rabin, M.M. Frank, Valente and McNally, JJ. [ 17 Misc.2d 1065.]