Majority
p. 813Rose Dioguardi, Appellant, v. John Hancock Mutual Life Insurance Company of Boston, Massachusetts, Respondent. In the Matter of the Application of John Hancock Mutual Life Insurance Company of Boston, Massachusetts, for a Trial at a Trial Term of This Court in New York County, of the Issues of Fact Joined in the Action of Rose Dioguardi, Plaintiff, against John Hancock Mutual Life Insurance Company of Boston, Massachusetts, Defendant, Now Pending in the City Court of Yonkers.
Order unanimously reversed, with twenty dollars costs and disbursements, and the petition dismissed, without prejudice to an application to the Supreme Court, Westchester county. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Glennon and Untermyer, JJ.