
    In the Matter of the Application of the Long Island Railroad Company, as Lessee of the Nassau Electric Railroad Company, and Said the Nassau Electric Railroad Company, for the Construction of an Electric Railroad on Portions of Atlantic Avenue, in the Borough of Brooklyn, City of New York.
   Motion for the appointment of commissioners denied and proceedings dismissed, not in the exercise of discretion, but solely on the ground that the, petitioners are not possessed of the legal right to construct and operate the roads contemplated. Present-^Hirschberg, P. J., Woodward, Jenks, Hooker and Miller, JJ.  