
    In the Matter of the Claim of Raymond Gilbert a Volunteer Fireman, for Compensation Pursuant to Section 205, Subdivision 2, of the General Municipal Law for Disability Caused or Induced by Actual Performance of His Duties as Such Volunteer Fireman, etc. Town of Amherst, Erie County, Appellant; Town of Pendletown, Niagara County, Defendant; Raymond Gilbert, Petitioner, Respondent.
   Order of February 10, 1938, reversed on the facts, as matter of discretion, with ten dollars costs and disbursements, and motion granted, as matter of discretion, without costs. Appeal from judgment dismissed as academic in view of our decision upon the motion. All concur. (The judgment awards claimant damages for injuries sustained while performing duties as a volunteer fireman. The order denies a motion by the town of Amherst to vacate the judgment and for a new trial and for a further physical examination.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.  