Matter remitted to Special Term, pursuant to stipulation, for the purpose of making a determination to be based on a new stipulation embodying facts and circumstances in accordance with a decision by the Court of Appeals on April 16, 1935, in the action of Village of Depew v. Town of Cheektowaga (267 N. Y. 144). Present — Lazansky, P. J., Hagarty, Scudder, Tompkins and Johnston, JJ.