Majority
p. 742Leo P. Byk and Another, etc., Plaintiffs, v. Richard E. Enright, as Commissioner of Police of the City of New York, and Others, Defendants.
Motion for stay denied, upon the ground that the! question of whether or not the case should be preferred for trial is one of discretion resting with the trial court. We do. not in any way pass upon the merits. Present —Kelly, P. J., Rich, Manning, Kelby and Kapper, JJ.