Central Trust Company of New York, Plaintiff, v. The Pittsburg, Shawmut and Northern Railroad Company et al., Defendants. Frank Sullivan Smith, as Receiver of The Pittsburg, Shawmut and Northern Railroad Company, Appellant; Central Trust Company of New York, as Trustee under a Mortgage of The Central New York and Western Railroad Company et al., Respondents

Per Curiam.

The order of the Appellate Division reversing the order of the Special Term, entered July 11, 1917, should be reversed, with costs, and question certified answered in affirmative, and case remitted to the Appellate Division for consideration on the merits in accordance with opinion of Chase, J., handed down herewith on appeal from order reversing order entered May 19, 1917. (See 223 N. Y. 347.) His cock, Ch. J., Chase, Collin, Cuddeback, Car-bozo and Andrews, JJ., concur; Pound, J., not voting.

Order reversed, etc.