
    (February 9, 1959)
    In the Matter of S. Leto Construction Corp., Respondent-Appellant, against Herkimer Construction Corp. et al., Judgment Debtors, and First National Bank of Herkimer, Appellant-Respondent. Comptroller of the State of New York, Third Party.
   Motion adjourned until the argument of the appeal. The application of the Comptroller of the State of New York to be added as a party to the proceedings herein denied on the ground that he is already a respondent herein. Present — Foster, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.  