
    In the Matter of the Application of The Brooklyn Children’s Aid Society, Respondent, for a Writ of Mandamus against William A. Prendergast, as Comptroller of the City of New York, et al., Appellants.
    (Argued May 27, 1915;
    decided June 15, 1915.)
    
      Matter of Brooklyn Children's Aid Society v. Prendergast, 166 App. Div. 853, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 5, 1915, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the cancellation of certain assessments for local improvements levied against property of the petitioner, a charitable corporation.
    The respondent claimed that its property is exempt from assessments for local improvements under and by virtue of chapter 364 of the Laws of 1878, as amended by chapter 622 of the Laws of 1886; re-enacted (L. 1888, ch. 583, tit. 22, § 32; amd., L. 1889, ch. 255). These statutes provided that real property of a charitable corporation, such as the respondent, situate in the county of Kings, should be exempt from assessments for local improvements. The appellants claim that the said statutes are repealed.
    
      Frank L. Polk, Corporation Counsel (Thomas F. Maguer and John B. Shanahan of counsel), for appellants.
    
      William O. Cooke and Howard O. Wood for respondent.
   Order affirmed, with costs; no opinion.

Concur: Hiscook, Collin, Cuddeback, Hogan, Cardozo and Seabury, JJ. Not sitting: Willard Bartlett, Ch. J.  