Order reversed, without costs, and motion denied.
It does not appear that a claim has been filed as required by the provisions of the statute under which this proceeding has been brought. When and if it is filed and rejected, the question presented can be determined on consideration of the notice of the claim, and the relevant facts and circumstances.
Beldock and Kleinfeld, JJ., dissent and vote to affirm, with the following memorandum:
We believe...
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