Order affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Burke and Foster. Judges Fuld, 'Froessel and Van Voorhis dissent and vote to reverse and to remit the matter to the Appellate Division for decision, upon the ground that appellant was recognized as an interested party at Special Term and must be deemed an aggrieved party for the purposes of appeal.