
    In the Matter of the Application of the Grade Crossing and Terminal Station Commission of the City of Buffalo, Appellant. The City of Buffalo, Appellant; Erie Railroad Company, Respondent.
    
      Buffalo — grade crossing — appraisal of damage to lands from conduction of underground crossing.
    
    
      Matter of Grade Crossing Comrs. of City of Buffalo (Walden Ave.), 214 App. Div. 809, affirmed.
    (Argued May 3, 1926;
    decided May 14, 1926.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 30, 1925, which modified and affirmed as modified an order of Special Term confirming the report of commissioners of appraisal appointed under the provisions of the Buffalo Grade Crossing Act to ascertain and report the compensation to be paid to the owners of and parties interested in lands which may be injured by the change of grade of Walden avenue and Sycamore street occasioned by the construction of a subway in Walden avenue under the tracks of the Erie Railroad Company.
    
      Myron S. Short and Dewitt Clinton for Grade Crossing and Terminal Station Commission, appellant.
    
      Frederic C. Rupp, Corporation Counsel (,Jeremiah J. Hurley of counsel), for City of Buffalo, appellant.
    
      S. Fay Carr for respondent.
   Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Lehman, JJ. Absent: Andrews, J.  