MATTER OF SERRI v. HEFFERNAN

Order, insofar as appealed from, affirmed, without costs. No opinion. Adel, Sneed and Wenzel, JJ., concur; Johnston, Acting P.J., dissents and votes to reverse the order and to dismiss the proceeding, on the ground that the jurisdictional objection was well taken. ( Matter of Torre v. Heffernan, 188 Misc. 284, affd. 271 App. Div. 752, affd. 296 N.Y. 624; Matter of King v. Cohen, 293 N.Y. 435; Matter of Constantino [ Cioffi], 286 N.Y. 681.) Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Was the order of the Special Term, dated August 6, 1948, properly made?