
    The People of the State of New York ex rel. Coney Island and Gravesend Railway Company, Appellant, v. Erastus C. Knight, as Comptroller of the State of New York, Respondent.
    
      People ex rel. Goney Island <6 Gravesend Ry. Co. v. Knight, 85 App. Div. 623, affirmed.
    (Argued March 14, 1904;
    decided March 29, 1904.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered August 5, 1903, which affirmed a determination of the defendant assessing a franchise tax upon the relator.
    
      Chao'les A. Collin for appellant.
    
      John Cunneen, Attorney-General {William II. Wood on the brief), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Parker, Ch. J., Haight, Martin, Cullen and Werner, JJ. Dissenting: Gray' and O’Brien, JJ.  