Order of Appellate Division modified so as to dismiss the writ of certiorari instead of affirming the proceedings thereon, and as modified affirmed, with costs, on the ground that under the decision of this court in People ex rel. Kennedy v. Brady (166 N. Y. 44) certiorari does not lie to review the action of the commissioner; no opinion.

Concur: Parker, Oh. J., Gray, O’Brien, Bartlett, Cullen and Werner, JJ. Not voting : Haight, J.