Order affirmed, with ten dollars costs and disbursements. Memorandum: The Special Term was vested with discretion to deny plaintiff's application for leave to discontinue his action on payment of costs. (See Carleton v. Darcy, 75 N.Y. 375; Matter of Lasak, 131 id. 624.) All concur. (The order denies plaintiff's motion to discontinue the action upon payment of taxable costs to date.)