
    The People of the State of New York ex rel. Consolidated Gas Company of New York, Appellant, v. Charles H. Gaus, as Comptroller of the State of New York, Respondent.
    
      People ex rel. Consolidated Gas 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. Garver for appellant.
    
      Edward R. O’Malley, Attorney-General (Edward JR. 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.  