Order reversed, on the law and facts, with fifty dollars costs and disbursements, and petition dismissed, with fifty dollars costs.
Hill, P. J., Buss and Heffernan, JJ., concur; Hill, P. J., with a memorandum, in which Heffernan, J., concurs; Heffernan, J., in a separate opinion; Crapser, J., dissents, and votes for affirmance, with an opinion.