
    Weehawken Wharf Co., Appellant, v. Knickerbocker Coal Co., Respondent. Matter of the Application of Edward T. Paul, Assignee of the Knickerbocker Coal Co.
    Appeal from an order eompelling plaintiff to accept notice of appeal to the Appellate Term.
    James R. Rogers, for appellant.
    Edwards & Bryan, for respondent.
    Charles F. Oarusi, for assignee.
   Conlan, J.

The facte presented upon the appeal herein are the same as those presented upon the appeal in action Eo. 1, argued and decided at this General Term, and the opinion and decision of this court thereon is also the same. (See opinion in action No. 1, 25 Misc. Rep. 309.)

Order appealed from affirmed, with costs.

Fitzsimons, Oh. J., concurs.

Order affirmed with costs.  