— Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Was the order of this court, entered April 12, 1954, properly made as a matter of law? The decision and order of this court were made as a matter of law and not in the exercise of discretion. Present — Adel, Acting P. J., Wenzel, Schmidt, Beldock and Murphy, JJ. [See ante, p. 882.]