
    The People of the State of New York ex rel. The Astoria Light, Heat and Power Company, Appellant, v. Charles H. Gaus, as Comptroller of the State of New York, Respondent.
    
      People ex rel. Astoria, Light, H. & P. Co. v. Gaus, 137 App. Div. 934, affirmed.
    (Argued June 2, 1910;
    decided June 14, 1910.)
    Appeal from an order of the Appellate Division of' the Supreme Court in the third judicial department, entered January 4, 1910, which confirmed a determination of the defendant in assessing a franchise tax against the relator for the year 1907.
    
      John A. Gar ver for appellant.
    
      Edward R. O’Malley, Attorney-General (Edward JJ. Letehworth of counsel), for respondent.
   Order affirmed, without costs, on opinion in People ex rel. Westchester Lighting Co. v. Gaus (199 N. Y. 147).

Concur : Cullen, Ch. J., Gray, Haight, Vann, Werner, Hiscook and Chase, JJ.  