Opinion
December, 1910.
Present — Ingraham, P.J. (dissenting), Clarke, Scott, Miller and Dowling, JJ.
Order affirmed, with ten dollars costs and disbursements, on the authority of Gay v. Ulrichs ( 136 App. Div. 809). No opinion.
I dissent upon the ground that section 802 of the Code of Civil Procedure was amended by chapter 65 of the Laws of 1909, and since that amendment section 801 applied to the service of a summons by mail.