In re Rossley (268 A.D. 815, 1944)

Decree affirmed, without costs of this appeal to any party. All concur, except Dowling, J., who dissents and votes for reversal and for a new hearing on the authority of Simon v. Wheel Chair Some for Incurables (267 App. Div. 938). (The decree dismisses the petition in a discovery proceeding.) Present — Cunningham, P. J., Taylor, Dowling, Harris and McCurn, JJ.