
    In the Matter of Berwind-White Coal Mining Company, Respondent, against Joseph D. McGoldrick, as Comptroller of the City of New York, Appellant.
    Argued May 17, 1939;
    decided June 21, 1939.
    
      
      William C. Chanler, Corporation Counsel (Milton Sandberg, Arthur A.- Segall and Sol Charles Levine of counsel), for appellant.
    
      Marvin Lyons and Robert C. Vincent for respondent.
   Order affirmed, with costs; no opinion. (See 281 N. Y. 670.)

Concur: Crake, Ch. J., Lehman, Hubbs, Loughran and Rippey, JJ. Dissenting: Finch, J. Taking no part: O’Brien, J.  