
    New York State Teachers’ Retirement System, Appellant, v. Frank H. Coyne, as Trustee under a Declaration of Trust, Dated June 8, 1937, etc., Respondent, and E. G. Mabie and Others, Defendants.
   — -Motion for leave to appeal to the Court of Appeals granted. [See ante, p. 1010.] The following question is certified: Upon the facts in the record, should respondent’s motion for summary judgment have been granted? Present — Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ.  