Orders of the County Court of Dutchess county reversed on the law, with costs, and proceeding dismissed, with costs. We are of *684opinion that the County Court was without power to make the order of September 10, 1930, because the preliminary requirements specified in section 40 of the City Charter* had not been complied with. Lazansky, P. J., Young, Seudder, Tompkins and Davis, JJ., concur.