
    In the Matter of Empire City Subway Company (Limited), Respondent, against Joseph D. McGoldrick, as Comptroller of the City of New York, Appellant.
    Argued October 2, 1947;
    decided October 16, 1947.
    
      
      Charles E. Murphy, Corporation Counsel (Ira Wollison and Isaac C. Bonner of counsel), for appellant.
    
      Frank A. Frits, John B. King, John M. Farrell and Ralph W. Brown for respondent.
   Order affirmed, with costs; no opinion.

Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Thacheb, Dye and Ftjld, JJ.  