
    (112 App. Div. 906)
    PEOPLE ex rel. ROCHESTER RY. & LIGHT CO. v. STEARNS et al.
    (Supreme Court, Appellate Division, Third Department.
    March 7, 1906.)
    Proceeding by the people of the state of New York, on the relation of the Rochester Railway & Light Company, against Lester F. Stearns and others, as tax commissioners, etc., and the city of Rochester.
   PER CURIAM.

Order reversed, with $10 costs and disbursements, on the authority of People ex rel. Rochester Telephone Co. v. Priest, 181 N. Y. 300, 73 N. E. 1100; and motion remitted to the Special Term for the exercise of its discretion.

PARKER, P. X, and SMITH, J., dissent.  