Majority
p. 921The People of the State of New York, Appellant, v. C. & W. Construction Co., Inc., and Continental Casualty Company, Respondents.
Appeal by the plaintiff from an order settling record on appeal, taken by the plaintiff to this court from the final judgment. Order unanimously affirmed, with ten dollars costs and disbursements. Present — Hill, P. J., Rhodes, MeNamee, Crapser and Heffernan, JJ. [See 256 App. Div. 17 .]