
    Hobart S. Atkinson, as Receiver, etc., Resp’t, v. The Rochester Printing Company, App’lt.
    
    
      (Court of Appeals,
    
    
      Filed March 12, 1889.)
    
    Court of appeals—Removal of case from second division. ,
    It is not a sufficient reason for moving a case from the court of appeals,, second division, into the court of appeals, that one or even two of the-judges of that court are disqualified from sitting upon the arguments of the case there.
    Motion to transfer case from calendar of the court of appeals, second division, to the calendar of the court of appeals.
    
      J. & Q. Van Voorhis, for app’lt; resp’t.
    
      
       See 5 N. Y. State Rep., 470.
    
   Per Curiam.

It is not a sufficient reason for moving a. case from the court of appeals, second division, into this-court, that one or even two of the judges of that court are disqualified from sitting upon the argument of the case there.

This motion, should, therefore, be denied.

All concur.  