In re Jackson

The 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.