Appellate Division of the Supreme Court of the State of New York May 22, 1944 (In re the Accounting of Luckenbach)

The parties having stipulated that this motion may be decided by a court of four Justices, the decision is as follows: Motion to dismiss appeal from an order made and entered in the office of the clerk of the Surrogate’s Court, Kings County, on July 6, 1943, denying a motion for leave to present additional evidence, granted, without costs, and appeal dismissed, without costs. Present — Close, P.