Majority
p. 842In the Matter of Fred Brainard, Appellant, against E. Ivan Rubenstein, as Surrogate of Kings County, Respondent.
In a proceeding under article 78 of the Civil Practice Act, to compel the Surrogate, Kings County, to admit a will to probate, appeal from the order denying the application and dismissing the proceeding dismissed, without costs, in view of the determination in Matter of Brainard (ante, p. 841, decided herewith). Present — Nolan, P. J., Carswell, Adel, MaeCrate and Schmidt, JJ.