Majority
p. 907In the Matter of the Petition of Louis G. Barth, Appellant, to Recover Possession of Certain Property from John Lowell, Respondent.
Order of the County Court of Nassau county affirmed, with ten dollars costs and disbursements. The petition does not state that the petitioner’s lease was for the full period of the former lease, and, therefore, it does not appear that it had the effect of an assignment. Jenks, P. J., Mills, Blaekmar and Jaycox, JJ., concur; Kelly, J., dissents.