Order unanimously affirmed, without costs of this appeal to any party. (Appeal from order of Monroe Special Term denying plaintiff’s oral motion for denial of defendant’s motion for discovery and inspection of plaintiff’s Federal income tax returns of 1959 and 1960 and resettling order of November 9, 1961 which granted motion of defendant Byrd for discovery and inspection of said returns.) Present — Williams, P. J., Goldman, Halpern, McClusky and Henry, JJ. [32 Misc 2d 408.]