
    John Smith, Respondent, v. Maurice Simmons, as Property Clerk of the Police Department of the City of New York, Appellant.
   [See 264 App. Div. 8-89; 264 App. Div. 958.] Present — Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ. The motion will he treated as one for leave to appeal to the Court of Appeals from the judgment entered on the order of affirmance by this court, and as such it is granted. (See Rivera v. Simmons, ante, p. 937, decided herewith.) Present — Hagarty, Carswell, Adel, Taylor and Close, JJ.  