Majority
p. 817In the Matter of the Application of Frederick H. Roge against Lewis J. Valentine, as Commissioner, etc.
Motion for leave to appeal to the Court of Appeals granted; motion for reargument denied. [See 255 App. Div. 475 .] Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.