
    Francis J. Lantry, as Fire Commissioner of the City of New York, Appellant, v. Albert Mede, Respondent.
    
      Lantry v. Mede, 137 App. Div. 557, affirmed.
    (Argued January 5, 1909;
    decided January 19, 1909.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, Í908, which reversed an order of the Appellate Term reversing a judgment in favor of defendant and granting a new trial, and directed a dismissal of the complaint in an action to recover a penalty under section 670 of the charter of the city of New York (L. 1901, ch. 466) for failure to obey an order of the plaintiff as fire commissioner.
    
      Francis K. Pendleton, Corporation Counsel (Theodore Connolly, Herman Stiefel and William J. Millard of counsel) for appellant.
    
      Ira J. Ettinger for respondent.
   Judgment affirmed, with costs, on opinion of Ingraham, J., below.

Concur: Cullen, Ch. J., Edward T. Bartlett, Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ.  