
    State Board of Pharmacy, Respondent, v. Jarvis M. Cornell, Appellant.
    
    First Department,
    December 14, 1906.
    Appeal by the defendant, Jarvis* M. Cornell, from an order of the 'Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 26th day of September, 1906, denying the defendant’s motion to change the place of trial of the action from the county of New York to the county of Yassa'u.-
    
      John Lyon, for the appellant.
    
      Hieronimus A. Herold, for the respondent.
    
      
       See State Board of Pharmacy v. Rhinehardt, ante, p. 495.— [Rep.
    
   Per Curiam:

The material facts of this case bring it within the rule laid down in the opinion in State Board of Pharmacy v. Rhinehardt (116 App. Div. 495), argued and decided herewith, and upon the authority of. the decision therein the order is reversed, with ten dollars costs and disbursements, and motion for change of place of trial granted, without costs.

Present — Patterson, P. J., Ingraham, Laughlin, Clarke and Scott, JJ.; Ingraham^ J., dissented.

Order reversed, with ten dollars costs and disbursements, and motion granted, without costs.  