
    In the Matter of the Application of John J. McCarthy, Respondent, against Joseph D. McGoldrick, Comptroller of the City of New York, Appellant. —
    
      
       Revd., 266 N. Y. 199.
    
   Order affirmed, with twenty dollars costs and disbursements. No opinion. Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.; Finch, P. J., dissents and votes to reverse and deny the motion on the ground that the petitioner is bound by his written waiver.  