In re Fitzgerald

Order affirmed, without costs, in so far as the controversy cannot be affected by the decision which may be made in the appeal pending in the Court of Appeals to-day. In other respects the decision must abide the'determination of that appeal. See Farrell v. Baker and Farrell v. Hackett (ante, p. 890), decided herewith. Hirschberg, P. J., Woodward, Jenks, Hooker and JJ., concurred'. Settle order before the justice.