Opinion
December 7, 1942.
Present — Lazansky, P.J., Hagarty, Johnston, Taylor and Close, JJ.
Present — Hagarty, Carswell, Adel, Taylor and Close, JJ.
Motion referred to the court that rendered the decision on the motion.
The motion will be treated as one for leave to appeal to the Court of Appeals from the judgment entered on the order of affirmance by this court, and as such it is granted. (See Rivera v. Simmons, ante, p. 937, decided herewith.)