
    In the Matter of the Application of John D. Lore, Appellant, for an Order against Russell Forbes, as Commissioner of Purchase of the City of New York, Respondent.
   Order unanimously reversed, with twenty dollars costs and dis-

bursements, and the motion denied, on condition that the proceeding be noticed for the April term, 1939, for trial by the court without a jury as consented to by petitioner. No opinion. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.  