Matter of Hart

Parker, Ch. J.

In the opinion written by me in this case error was involved in the position taken that whatever grounds the Appellate Division may have relied upon to affirm the order of the Special Term, it could not deprive such order of any other support it might have. That result was in fact accomplished by such a modification of the Special Term order as to make it declare that the writ was not denied in the exercise of discretion. But while the discussion was faulty for that reason, a correct result was, nevertheless, reached.

The situation described in the opinion we said justified the…