
    The People of the State of New York ex rel. Terbush & Powell, Incorporated, Relator, v. Leon G. Dibble, as Comptroller of the City of Schenectady, Respondent.
   Order affirmed as a matter of law and not in the exercise of discretion, with costs. All concur, except John M. Kellogg, P. J., and Cochrane, J., dissenting.  