
    Herman RAKOV, applt., v. BANKERS LIFE INS. CO. OF NEW YORK CITY, respt.
    (Supreme Court, Appellate Division, Fourth Department.
    October 4, 1916.)
   It appearing that there are not four justices qualified to sit in this appeal, the same is transferred to the Appellate Division, Third Department, to be there heard and determined, pursuant to section 231 of the Code of Civil Procedure.  