Opinion
June, 1906.
Present — O'Brien, P.J., Patterson, McLaughlin, Laughlin and Clarke, JJ.
On the authority of Matter of Opening Crescent Avenue ( 183 N.Y. 14) the order appealed from should be reversed, with ten dollars costs and disbursements, and the issues raised by the petition and affidavit remitted to the Special Term to pass upon the same.
Order reversed, with ten dollars costs and disbursements, and case remitted as stated in opinion. Settle order on notice.