¶1The parties having agreed in open court that this appeal may be decided by a court of four justices, the decision is as follows: Order denying the petitioner’s application affirmed, without costs, as a matter of law and not in the exercise of .discretion. There was no substantial compliance with the statute. (Matter of Dorsey v. Cohen, 268 N. Y. 620.) Hagarty, Johnston, Adel and Taylor, JJ., concur.
252 A.D. 701
In re Jackson
Appellate Division of the Supreme Court of the State of New York
Decided September 3, 1937
Appellate Division of the Supreme Court of the State of New York · decided 1937-09-03
Relies on Matter of Dorsey v. Cohen
Decided 1937-09-03