
    In the Matter of The Board of Street Opening, Relative to One Hundred and Twenty-eighth Street in the City of New York. D. J. Yuengling Brewing Company and The Third Avenue Railroad Company, Appellants.
    Reported below, 82 Hun, 580.
    (Argued March 2, 1896;
    decided March 13, 1896.)
    Appeal from order of the General Term of the Supreme ■Court in the first judicial department, made December 14, 1894, which affirmed an order of Special Term confirming a report of commissioners of estimate and assessment in this proceeding, and denying a motion by appellants for its discontinuance.
    
      Louis Marshall for appellants.
    
      David J. Dean for respondent.
   Order affirmed on the main proposition discussed in Judge 'O’Brien’s opinion below, ivitli costs.

All concur.  