
    In the Matter of Rose S. Levine, Petitioner, against Michael F. Walsh, as Justice of the Supreme Court of the State of New York, Second Judicial Department, et al., Respondents.
    (No. 560.)
   Motion for an order, under article 78 of the Civil Practice Act, directing the respondents, a Justice of the Supreme Court, and the County Clerk of Kings County, respectively, to subscribe and enter a proposed interlocutory judgment of annulment in a matrimonial action, denied, without costs. Under the facts and circumstances of this case mandamus does not lie. (Himmelstein v. Himmelstein, 186 Mise. 964.) (Hos. 561, 562.) In view of the- decision of motion Ho. 560, decided herewith, respondents’ motions to dismiss the petition are dismissed, without costs. Present— Lewis, P. J., Carswell, Johnston, Adel and Aldrich, JJ.  