
    CLINTON v. OTSELIC VALLEY RY. CO.
    (Supreme Court, Appellate Division, Fourth Department.
    March 26, 1913.)
    Action by Eugene Clinton, as receiver of the Kelley Lumber Company, against the Otselic Valley Railway Company. In the matter of the application to-punish Benjamin F. Gladding for contempt of court.
   PER CURIAM.

Appeal dismissed, without costs; it appearing that the appellant has been discharged as receiver since the appeal was brought.

McLENNAN, P. j.,

dissents, and votes for reversal of the order, and granting the application to punish the respondent for contempt of court, upon the ground that the respondent was-•guilty of the contempt alleged.  