
    The People of the State of New York ex rel. Fourteenth Street Realty Company, Appellant, v. Otto Kelsey, as Comptroller of the State of New York, Respondent.
    
      People ex rel. Fourteenth St. R. Co. v. Kelsey, 110 App. Div. 797, affirmed.
    (Argued February 28, 1906;
    decided March 20, 1906.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 8, 1908, which affirmed a determination of the defendant in asséssing a. franchise tax upon the relator for the year ending October 31, 1904.
    
      Fchnond F. Wise for appellant.
    
      Julius M. Mayer, Attorney-General (Horace MoGuvre of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Haight, Vann, Werner, Willard Bartlett and Hisoook, JJ. Not voting: O’Brien, J.  