Majority
p. 635In the Matter of the Petition of Edward P. Mullin, as Executor, etc., of Charles R. Fay, Deceased, for an Order Directing Edmund F. Driggs to Attend and Be Examined Respecting Certain Money and Other Personal Property, or the Proceeds or Value Thereof, and His Knowledge or Information Respecting the Same and Directing the Delivery Thereof to the Petitioner. Edward P. Mullin, as Executor, etc., of Charles R. Fay, Deceased, Appellant; Edmund F. Driggs, Respondent.
Order of the Surrogate’s Court of Kings county dismissing a discovery proceeding unanimously affirmed, without costs. No opinion. Present — Lazansky, P. J., Carswell, Tompkins, Davis and Johnston, JJ.