Majority
p. 874The People of the State of New York, Appellant, v. James M. Hoyt and Others, Copartners Doing Business under the Firm Name and Style of Prince & Whitely, Respondents.
Order affirmed, without costs. We affirm this order in the exercise of discretion, being of opinion that upon the facts an injunction pendente lite, as sought, would not be a proper disposition. We reserve opinion of the applicability of the Martin Act to this ease until we have for consideration a judgment based upon findings of fact and conclusions of law. Lazansky, P. J., Kapper, Seudder, Tompkins and Davis, JJ., concur.