Order unanimously reversed, with costs and disbursements, and the petition dismissed. (See Matter of Sheridan v. McElligott, 278 N. Y. 59, and Matter of Phillips v. McElligott, 254 App. Div. 863; affd., 279 N. Y. 792.) Present — O’Malley, Townley, Dore, Cohn and Callahan, JJ.