Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, upon the ground that the moving papers do not show that the proposed witness is not within the State of New York. (Code Civ. Proc. §§ 887, 894; Sullivan v. Taintor Manufacturing Co., 144 App. Div. 797.) Blackmar, P. J., Mills, Putnam, Kelly and Jaycox, JJ., concur.