
    Naomi B. Markowitz, Individually and as Administratrix of the Estate of Ruben Markowitz, Deceased, et al., Plaintiffs, v. Irving Fein, as the Committee of Mark Fein, Appellant. Frank S. Hogan, as District Attorney, New York County, Respondent.
    Argued June 6, 1972;
    decided July 6, 1972.
    
      O. John Rogge, Milton C. Weisman and Richard H. Rosenberg for appellant.
    
      Frank S. Hogan, District Attorney (Lewis R. Friedman, Herman Kaufman and Michael R. Juviler of counsel), respondent.
   Appeal dismissed, without costs, upon the ground that the question certified is not decisive of the appeal since the Appellate Division reversed ‘ ‘ on the law, the facts and in the exercise of discretion ”. (See Cohen and Karger, Powers of the New York Court of Appeals, p. 375 et seq.)  