Pursuant to the direction of the Court of Appeals [241 N. Y. 581], we have examined' into the merits of this appeal and are of the opinion that the order appealed from should be affirmed, with ten dollars costs and disbursements to the respondent. Present — Clarke, P. J., Dowling, Merrell, MeAvov andBurr, JJ. Order affirmed, with ten dollars costs and disbursements.