
    TRACY, Appellant, v. PENDLETON, Corp. Counsel, Respondent.
    (Supreme Court, Appellate Division, Second Department.
    October 12, 1909.)
    Action by Dc Witt 0. Tracy against Francis K. Pendleton, as Corporation Counsel, etc.
   ~`ER CURIAM.

Order affirmed, with $10 costs and disbursements. BURR, J., votes to affirm on the authority of Briggs v. Lahey, 101 App. Div. 136, 91 N. Y. Supp. 576.  