Order modified on the law and the facts by striking therefrom the last ordering paragraph and, as thus modified, affirmed, without costs. ( Matter of Swan v. Cohen, 286 N.Y. 678.) On this record there appears to be no authorization for the paragraph struck out. Permission to appeal to the Court of Appeals granted. Nolan, P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.