Order entered opening the proceeding and referring the matter to Hon. Harry L. Taylor to report whether respondent’s conduct was merely thoughtless or whether it was motivated by a wrongful purpose and if necessary to take additional proof, in accordance with the opinion of the Court of Appeals filed March 5, 1940. [See 282 N. Y. 140, revg. 256 App. Div. 528.] Present — Crosby, P J., Cunningham, Dowling, Harris and McCurn, JJ.