Order affirmed, with costs. The effect of the ex parte order at Special Term was merely to create a notation on the record of valid action taken by the Federal court. First question certified in the affirmative. Second question certified not answered. No opinion. (See 264 N.Y. 670.)

Concur: POUND, Ch. J., CRANE, LEHMAN, O'BRIEN, HUBBS and CROUCH, JJ. Not sitting: KELLOGG, J. *Page 469