Majority
p. 649In the Matter of the Application of Culver Contracting Corporation for a Prohibition Order against Hon. Burt J. Humphrey, a Justice of the Supreme Court of the State of New York.
The return to the alternative order of prohibition presents no pertinent issue of fact upon which the taking of evidence is needful. The motion for affinal order of prohibition is granted. Present — Lazansky, P. J., Young, Hagarty, Scudder and Davis, JJ.