Determination annulled, with fifty dollars costs and disbursements to the petitioner, on the authority of Sterling Bag Co., Inc., v. City of New York (281 N. Y. 269) and Matter of American Molasses *721Co. of New York v. McGoldrick (Id.). Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ., Dore, J., dissents and votes to confirm determination as modified by the stipulation of the parties.