Order of Appellate Division reversed and that of Special Term affirmed, with costs in this court and in the Appellate Division. No opinion. (See Matter of Cherry, 289 N.Y. 148.)
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY and DESMOND, JJ. Dissenting: FINCH, LEWIS and CONWAY, JJ. *Page 641