Majority
p. 728In the Matter of the Petition of Ray Dona Kuba, Appellant, to Compel Hyman M. Epstein, Respondent, an Attorney and Counselor at Law, to Turn over Various Stocks, Bonds, Papers, Moneys, etc.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, and respondent directed to be recommitted. Respondent has failed in setting forth facts and in furnishing sufficient proof of those facts to justify the court’s discretion pursuant to section 775 of the Judiciary Law. Settle order on notice. Present— Dowling, P. J., Merrell, Finch, McAvoy and Proskauer, JJ.