
    HALE, Appellant, v. WORSTELL et al., Respondents.
    (Supreme Court, Appellate Division, Second Department.
    December 29, 1905.)
    Action by William H. Hale against John P. Worstell and Joseph P. McNamara, inpleaded with others.
   PER CURIAM.

We think there was power at the Special Term to make the order appealed from, but that the discretion was not judiciously exercised in this case. No injury can occur by respecting the judgment of the Special Term and of this court pending the appeal to the Court of Appeals, and it does not appear to us as a proper case for suspending its operation. Order reversed, with $10 costs and disbursements, and motion denied, with costs. See 95 N. Y. Supp. 485.  