
    J. J. Spurr & Sons, Incorporated, Plaintiff, v. Empire State Surety Company and William F. Fischer, Defendants.
   The court is unable to decide this motion as only four justices heard it, and one, on referring to the title of the action in consultation, finds himself disqualified. Present—Hirschberg, P. J., Jenks, Gaynor and Miller, JJ.  