Majority
p. 932
In the Matter of the Application of Sidney Wingard, Petitioner, for an Order Directing Hon. Thomas C. Kadien, Jr., Supreme Court Judge, Queens County, to Hear and Determine the Cause Entitled: In the Matter of the Application of Sidney Wingard, Petitioner, for an Order Fixing the Compensation and/or Attorney’sFee to Which William E. Kennedy, Esq., Attorney-at-Law, Is Entitled, if Entitled to Any Compensation or Fee, for Alleged Service Rendered as Attorney for Above-Named Petitioner in the Action Entitled: People v. Wingard, After Said Action Had Terminated to Judgment of Conviction, and Sentence, and After Affirmance of Said Judgment, and After the Statutory Limitation to Make a Motion for a New Trial Had Expired; Hon. Thomas C. Kadien, Jr., and Others, Respondents.
Application by petitioner for an order directing a justice of the Supreme Court to hear and determine an application to fix the amount of an attorney’s fee denied, and proceeding dismissed, without costs. The application for fixation of the attorney’s fee has been determined but no order has been entered. Entry of an order upon such determination may be made at the instance of petitioner or of the successful party. Present —■ Lazansky, P. J., Hagarty, Adel, Taylor and Close, JJ.