
    In the Matter of John J. Smith, Respondent, against Lazarus Joseph, as Comptroller of the City of New York, Appellant.
    Argued October 17, 1949;
    decided November 17, 1949.
    
      
      John P. McGrath, Corporation Counsel (Seymour. B. Quel, Howard C. Fischbach and Leon Mendelson of counsel), for appellant.
    
      Sidney A. Fine and Roy P. Monahan for respondent.
   Order affirmed and order absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Loughban, Ch. J., Lewis, Conway, Desmond, Dye. Fuld and Bbomley, JJ.  