Majority
p. 780The People of the State of New York ex rel. William L. Visscher and Others, as Executors of Mame Palmer Visscher, Deceased, and William L. Visscher and Another, as Trustees under the Last Will and Testament of Mame Palmer Visscher, Deceased, Relators, v. Richard J. Lewis, Commissioner of Assessment and Taxation of the City of Albany, New York, and Others, Respondents. The People of the State of New York ex rel. City and County Savings Bank, Relator, v. Richard J. Lewis, Commissioner of Assessment and Taxation of the City of Albany, New York, and Others, Respondents.
Ex parte orders, dated December 15, 1937, vacated and returns are directed to be filed at the Sullivan County Special Term appointed to be held January 7, 1938, without costs. Hill, P. J., Rhodes, Crapser and Heffernan, JJ., concur; McNamee, J., dissents, with an opinion, and votes to deny the motions. [For opinion see People ex rel. Bensen v. Lends, ante, p. 773.]