Majority
p. 765In the Matter of the Application of Emma L. Eastland, Respondent, for the Examination of H. H. Heck, Superintendent of Bethany Deaconess Hospital, Appellant, etc.
Order denying motion to vacate order of examination reversed upon the law and the facts, and motion granted, without costs. The applicant’s affidavits presented upon obtaining the order for examination and inspection do not show any circumstances which render such examination and inspection necessary at this time. The evidence sought will be, we think, available at the trial. Kelly, P. J., Manning, "Young, Kapper and Lazansky, JJ., concur.