
    In re CITY OF ROCHESTER.
    (Supreme Court, Appellate Division, Fourth Department.
    January 8, 1913.)
    In the matter of the application of the Citjr of Rochester to acquire certain lands in said city for the opening and widening of Frank street. The Otis Elevator Company appeals.
   PER CURIAM.

Confirmation of report of commissioners modified, so as to provide that the appellant shall be entitled to taxable costs as in an action, and, as so modified, affirmed, with the costs of this appeal to appellant.  