Order of Appellate Division reversed and that of Special Term affirmed, with costs in this court and in the Appellate Division, on authority of People ex rel. Davision v. Williams (213 N.Y. 130) ; People ex rel. De Vito v. Sayer (233 N.Y. 615).
Concur: HISCOCK, Ch. J., HOGAN, CARDOZO, POUND, McLAUGHLIN, CRANE and ANDREWS, JJ.