Finnegan v. Cohen

O’Malley, J.

(dissenting). The petitoner-appellant herein did not consent to the declinations. In this respect at least the situation differs from that presented in Matter of Holley (Rittenberg) (268 N. Y. 484). I, accordingly, dissent upon the authority of Matter of Powers v. Coughlin (268 N. Y. 623), and vote for reversal of the order appealed from.