
    In re CARLETON ISLAND CLUB.
    (Supreme Court, Appellate Division, Fourth Department.
    May 22, 1907.)
    In the matter of of the Carleton Island Club.
   PER CURIAM.

Order affirmed, with $10 costs Held, court had no power to authorize the sale proposed upon the papers before it, in view of the provisions of section 13 of the membership corporation law and section 3390 et seq., of the Code of Civil Procedure, and, if it had power to authorize a sale, it would have been improper to authorize such sale for $5,000, when $6,000 could have been obtained for the property.

McLENNAN, P. j.,

dissents, and votes for reversal on the ground that the Special Term had power to make the order asked for, and, the motion, having been denied solely because of want of' power, the matter should be remitted to the Special Term to be passed upon on the merits.

ROBSON, J., not voting.  