In re Pack

Order denying motion to compel respondent, an attorney, to pay over certain funds affirmed, but without costs, the respondent having failed to appear or to file a brief. Neither party requested a hearing and each was satisfied to have the matter determined on affidavits. Lazansky, P. J., Young and Hagarty, JJ., concur; Carswell, J., with whom Tompkins, J., concurs, dissents, with the following memorandum: The affidavits do not disclose whether a hearing was or was not demanded. The appellant says that he should have had a hearing. The respondent does not assert that a hearing was not demanded…