In re Bensel

Order in so far as appealed from reversed, with ten dollars costs and disbursements, upon the authority Of Matter of Simmons. (Hill View Reservoir, Sec. No. 1) (151 App. Div. 444), and proceeding remitted to the Special Term to consider the application upon the merits. Burr. Thomas, Woodward and Rich, JJ., concurred; Hlrschberg, J., dissented,