Order reversed, without costs, and defendant’s motion remitted to the Special Term to be heard upon the merits, as provided in section 775 of the Judiciary Law.* No opinion. Thomas, Carr, Stapleton and Putnam, JJ., concurred; Jenks, P. J., not voting,
Consol. Laws, chap. 30 (Laws of 1909, chap. 35), § 775.— [Rep.