In Re the Accounting of the Bank of New York

Steuer, J. (dissenting).

I dissent only from so much of the determination herein which affirms the denial of the application *381to drop Clifton B. and David D. Hipkins as parties and to remove John M. Foley, guardian ad litem, from further participation in the proceedings insofar as he represents those infants. Ernest Cowles, the life beneficiary of half of the trusts, has three children—Louise Hipkins, Edward B. Cowles and Stephen A. Cowles. Mrs. Hipkins has two children, the infants above named. At the beginning of the proceeding, Edward and Stephen were minors and Mr. Foley was appointed…