
    In the Matter of the Application for an Order Requiring Charles Marks, Appellant, an Attorney, to Pay over Certain Moneys. Ellsworth Baker, Respondent.
   Order reversed on the law and facts and proceeding dismissed, without costs. Van Kirk, P. J., Hinman, Whitmyer and Hill, JJ., concur; Davis, J., concurs for reversal but votes to remit the matter to the Special Term to determine as to whether the relation of attorney and client exists between the parties.  