
    In the Matter of the Application of Morgan J. O’Brien et al., as Executors of John D. Crimmins, Deceased, Appellants, for a Peremptory Writ of Mandamus against John P. O’Brien, as Corporation Counsel of the City of New York, Respondent.
    
      New York city — street closing — application for mandamus to compel corporation counsel to apply for appointment of commissioners of estimate on street closing denied.
    
    
      Matter of O’Brien (Potter Ave.), 200 App. Div. 914, affirmed.
    (Submitted May 23, 1923;
    decided June 12, 1923.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 17, 1922, which unanimously affirmed an order of Special Term denying a motion, made under section 4 of the Street Closing Law (L. 1895, ch. 1006), for a peremptory writ of mándamus to compel the corporation counsel of the city of New York to apply for the appointment of commissioners of estimate to determine the compensation due to the estate of John D. Crimmins, deceased, by reason of the closing of Potter avenue between Barclay street and the East river in the borough of Queens.
    
      Harry B. Chambers and James A. Lynch for appellants.
    
      George P. Nicholson, Corporation Counsel (Joel J. Squier and William B. B. Faber of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Round, McLaughlin, Crane and Andrews, JJ.  