Respondent may serve and file a memorandum on or before November 24, 1931, and serve and file in affidavit form within the same time the depositions of the witnesses referred to in his affidavit, with leave to the petitioner to submit and serve memorandum in reply on or before December 9, 1931. The matter will then be disposed of on the merits. Present — Finch, P. J., MeAvoy, Martin, O’Malley and Townley, JJ.