
    In the Matter of The Sicilian Asphalt Paving Company, Respondent, against Joseph D. McGoldrick, as Comptroller of the City of New York, Appellant.
    Argued December 1, 1941;
    decided January 8, 1942.
    
      
      William C. Chanler, Corporation Counsel (Paxton Blair, Sol Charles Levine and Isaac C. Donner of counsel), for appellant.
    
      James J. McLoughlin and Robert F. White for respondent.
   Order affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Rippey and Conway, JJ. Dissenting: Finch, Lewis and Desmond, JJ.  