Majority
p. 1058Town of Somers, Respondent, v. Edwin B. Covey, as Committee of the Person and Property of Nora Brainard, an Incompetent, Appellant.
Motion referred to the court that rendered the decision. Present — Nolan, P. J., Adel, MaeCrate, Beldoek and Murphy, JJ. Motion for reargument denied, without costs. Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Was the order of this court, entered April 12, 1954, properly made as a matter of law? The decision and order of this court were made as a matter of law and not in the exercise of discretion. ¡Present — Nolan, P. J., Adel, Wenzel, MaeCrate and Beldoek, JJ. [See ante, p. 883.]