Majority
p. 1001Edna Coakley, an Infant, by William R. Coakley, Her Guardian ad Litem, Appellant, v. Willard E. Wheelock, Improperly Sued Herein as William E. Wheelock, Respondent. William R. Coakley, Appellant, v. Willard E. Wheelock, Improperly Sued Herein as William E. Wheelock, Respondent.
— Order granting motion to dismiss for lack of prosecution reversed upon the law and the facts, without costs, and motion denied, without costs, upon the ground that the discretion was not wisely exercised upon this record. In view of the foregoing decision the appeal from the order dated September 27, 1932, is dismissed, without costs. Lazansky, P. J., Young, Kapper, Carswell and Davis, JJ., concur.