The opinion
Order affirmed, without costs of this appeal to any party. All concur, except Taylor, J., who dissents and votes for reversal and for a denial of the motion in the following memorandum: The court did not acquire jurisdiction of Brown. This is a special proceeding. (Peri v. N. Y. C. R. R. Co., 152 N. Y. 521 .) The service of the order should be made in the manner required for service of a summons. (Rules Civ. Prac. rule 21; Smith v. First National Bank, 103 Misc. 274 ; modfd. on another point, 184 App. Div. 719 ; Enterberg v. Goodman, 153 Misc. 205, 206 ; affd., 242 App. Div. 825 .) The petitioners are not entitled to a charging lien upon income payable to Brown under the trust set up by his mother’s will. (Ekelman v. Marano, 251 N. Y. 173, 176 , and Robinson v. Rogers, 237 id. 467.) (The resettled order grants a motion to establish attorneys' liens upon the interest and fund due or to become due to defendant Julian S. Brown from the estate of Mary L. Brown.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCum, JJ.