
    The People of the State of New York ex rel. The Town of West Seneca, Appellant, v. The Public Service Commission for the Second District of the State of New York et al., Respondents.
    
      People ex rel. Town of West Seneca v. P-ublie Service Commission, 130 App. Div. 335, appeal dismissed.
    (Argued April 26, 1909;
    decided May 4, 1909.)
    Motion to dismiss an appeal from an order of the Appellate ■ Division of the Supreme Court in the third judicial department, entered April 6,1909, which affirmed an order of Special Term denying a motion for an absolute writ of prohibition to restrain the defendant Public Service Commission from further consideration of an application by the Terminal Railway of Buffalo for a rehearing.
    The motion was made upon the ground that the order appealed from was not reviewable by the Court of Appeals.
    
      Charles A. Pooley for motion.
    
      William J. Evans and William Brennan opposed.
   Motion granted and appeal dismissed, with costs, and ten dollars costs of motion.  