
    Robert Drake, Respondent, v. Thomas F. Horan, Clerk of the Court of Special Sessions of the City of New York, County of Queens, Appellant.
    
    
      
       The decision of January 22, 1940, referred to in Drake v. Horan (supra), is as follows:
      Commissioner of Public Welfare of The City of New York, on the Complaint of Jean Kaplan, Respondent, v. Robert Drake, Appellant.— Motion for leave to prosecute appeal as a poor person and to dispense with printing granted. Present — Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ.
      It was received too late for insertion in proper place. (See 258 App. Div. 975.) — [Rep.
    
   In view of the decision of this court on Motion No. 72 (Commissioner of Public Welfare of City of New York [Kaplan] v. Drake), made on January 22, 1940, granting the motion of the petitioner herein for leave to appeal as a poor person, he is entitled to perfect and prosecute the appeal without making the statutory deposit of $100. (See Civ. Prae. Act, § 558.) This appeal, therefore, is dismissed, without costs. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.  