Order reversed, with ten dollars costs and disbursements, and matter referred to Hon. M. Warley Platzek, official referee, to take proof of the facts alleged in the petition herein and in the answering affidavits and report *778to the Special Term. .No opinion. Settle order on notice. Present — Clarke, P. J., Dowling, Merrell, MeAvoy and Burr, JJ.