Order of Appellate Division reversed and that of Special Term affirmed, with costs in this court and in the Appellate Division, on authority of People ex rel. Davision v. Williams ( 213 N.Y. 130) ; People ex rel. De Vito v. Sayer ( 233 N.Y. 615).
Concur: HISCOCK, Ch. J., HOGAN, CARDOZO, POUND, McLAUGHLIN, CRANE and ANDREWS, JJ.