The order of the Appellate Division should be reversed and that of the Special Term in substance affirmed, without costs. There are some errors, however, in the form of the Special Term order, for which reason it must he modified, and the order for this may he settled on two days’ notice before the chief judge of this court.

Concur: Cullen, Ch. J., Haight, Vann, Werner, Willard Bartlett, Hiscook and Chase, JJ.