Opinion
October, 1917.
Present — Jenks, P.J., Thomas, Stapleton, Mills and Putnam, JJ.
This case was argued on November 8, 1916. Mr. Justice Carr, then a member of this court, sat with the court on that day. On March 1, 1917, Mr. Justice Blackmar became a member of this court in place of Mr. Justice Carr, who was temporarily relieved. The decision of this case was made on May 4, 1917. (See 178 App. Div. 925. ) Mr. Justice Carr never resumed his duties as a member of this court up to the time of his death, and consequently took no part in this decision. The motion is granted in this respect; otherwise it is denied.
Order to be settled before the Presiding Justice.