Majority
p. 815In the Matter of the Application of William Rossley, as Administrator of the Estate of Michael Rossley, Deceased, Appellant, to Discover Certain Property of Said Deceased. Julia Wright et al., Respondents.
Decree affirmed, without costs of this appeal to any party. All concur, except Dowling, J., who dissents and votes for reversal and for a new hearing on the authority of Simon v. Wheel Chair Some for Incurables ( 267 App. Div. 938 ). (The decree dismisses the petition in a discovery proceeding.) Present — Cunningham, P. J., Taylor, Dowling, Harris and McCurn, JJ.