Order reversed, without costs, and a new hearing granted at which appellant may have an opportunity to present proof. No opinion.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.
Argued October 11, 1961;
decided November 30, 1961.
*943Richard E. Leavitt for appellant.
Kenneth L. Lawlor and Denis M. Hurley, pro se, for respondent.
Order reversed, without costs, and a new hearing granted at which appellant may have an opportunity to present proof. No opinion.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.
10 N.Y.2d 942
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