Order reversed, without costs. Findings modified, and as so modified affirmed, and judgment directed accordingly, with costs of the proceedings, but not of this appeal, upon authority of People ex rel. Moore v. Neville (180 App. Div. 904), decided October 5, 1917, which decision affords the basis for the disposition of this case. Jenks, P. J., Stapleton and Mills, JJ., concurred; Blackmar, J., dissented; Putnam, J., not voting. Order to be settled before the presiding justice.