Opinion
September, 1922.
Motion for leave to appeal to the Court of Appeals is granted and the following questions are certified: "1. Was this proceeding properly remitted by this court to the Commissioner of Agriculture, directing him to make an award upon the correct theory? 2. If so, was this court in error in refusing to order said Commissioner of Agriculture to make his determination solely upon the record heretofore made?" Cochrane, P.J., not voting. [See 200 App. Div. 537; 202 id. 771.]