Opinion
Argued May 29, 1922
Decided June 13, 1922
Charles D. Newton, Attorney-General ( Robert P. Beyer of counsel), for appellant.
William Wintraub, Charles C. Sanders and George Jacobs for respondent.
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.