
    The People of the State of New York ex rel. Erie Railroad Company, Appellant, v. The Board of Railroad Commissioners of the State of New York et al., Respondents.
    
      People ex rel. Erie R. R. Co. v. Board R. R. Comrs., 101 App. Div. 251, affirmed.
    (Argued February 27, 1906;
    decided March 13, 1906.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 19, 1905, which confirmed a determination of the board of railroad commissioners granting to the Binghamton and Southern Railroad Company a certificate of public convenience and necessity pursuant to the provisions of section 59 of the Railroad Law.
    
      W. I). Painter for appellant.
    
      Eliot Norton, 'Alton B. Parker and Theodore R. Tuthill for respondent Binghamton and Southern Railroad Company.
   Order affirmed, with costs; no opinion.

Concur; Cullen, Ch. J., O’Brien, Haight,Yann, Werner, Willard Bartlett and Hisoook, JJ.  