Majority
The appeal from the order of the Columbia County Court directing an inquiry into the competency of Rose Bresky has been pending since March 25th. We do not think that a stay of the now imminent trial of the issue of her competency should be granted at this time; and the papers presented on both sides of the question indicate that a justiciable issue has been presented and that the decision of the. Judge to direct the inquiry was well within the frame of judicial, discretion. . y7,e pass on no question involving criticism of any of the parties on either side; our determination is limited to a refusal at this stage of the appeal to interfere with the order directing a trial. Motion for a stay denied, without;costs., -Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.