
    In the Matter of Michael E. Kinney. Louis H. Pink, as Superintendent of Insurance of the State of New York, Appellant; Frieda S. Miller, as Industrial Commissioner, Respondent.
    Argued November 13, 1939;
    decided November 28, 1939.
    
      
      Alfred C. Bennett and Benjamin Potoker for appellant.
    
      John J. Bennett, Jr., Attorney-General (W. Gerard By an, Henry Epstein and Francis B. Curran of counsel), for respondent.
   Order affirmed, with costs. First question certified answered in the negative. Second question certified answered in the affirmative. No opinion.

Concur: Crane, Ch. J., Lehman, Hubbs, Lotjghran, Finch and Rippey, JJ. Taking no part: O’Brien, J.  