Motion granted, and question certified as follows: The surrogate of Westchester county having recommended a qualified person for appointment under the provisions of section 334 of the Tax Law,* as amended by chapter 368 of the Laws o£ 1905, as transfer tax assistant in his office, may the Comptroller appoint another qualified person, who has not been recommended by the surrogate?†
*.
Laws of 1896, chap. 908.—[Rep.
†.
See Matter of Duell v. Glynn (122 App. Div. 314).— [Rep.