Opinion
November 25, 1942.
Appeal from Supreme Court, Saratoga County.
Present — Hill, P.J., Crapser, Bliss, Heffernan and Schenck, JJ.
Order unanimously affirmed, without costs, as a matter of law and not in the exercise of discretion upon the ground that the court is without power to grant the relief asked. ( Waring v. Waring, 100 N.Y. 570.) The court grants leave to the defendant-appellant to appeal to the Court of Appeals and certifies the following question: Did the special term have power to grant the relief asked.