Opinion
November Term, 1901.
Present — Parker, P.J., Smith, Kellogg, Edwards and Chase, JJ. All concurred.
Judgment and order reversed, with ten dollars costs and disbursements, and application denied, with ten dollars costs.
The questions upon this appeal seem to have been decided adversely to the respondent's contention in Matter of O'Hara ( 63 App. Div. 512). With the reasoning of the learned justices in that decision we entirely agree. The order and judgments appealed from should, therefore, be reversed, with costs and disbursements, and the motion denied, with ten dollars costs.