
    In the Matter of the Application of The New York Central Railroad Company, Respondent, against The Public Service Commission of the State of New York et al., Appellants.
    
      Railroads — certiorari — order of Public Service Commission directing railroad to make repairs to roadway and approaches to viaducts crossing tracks properly annulled.
    
    
      Matter of New York Central R. R. Co. v. Public Seru. Comm., 214 App. Div. 830, affirmed.
    (Argued February 26, 1926;
    decided March 30, 1926.)
    Appeal from, an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 21, 1925, which annulled, on certiorari, an order of the Public Service Commission directing the petitioner herein to make certain repairs to the roadways and approaches of the Clinton street and Mineral Springs road viaducts in the town of West Seneca, N. Y. The order of the Appellate Division directed that the proceeding “ be remitted to the Commission with instructions to follow the decision of the Court of Appeals (231 N. Y. 1) by relieving the petitioner of the burden of maintaining the roadway and sidewalks and approaches of the two viaducts outside the limits of the abutments, since the petitioner does not use said portion for railroad purposes and said portion is not ‘ railroad property ’ "within the meaning of that phrase as used by the Court of Appeals in 231 N. Y. 1.”
    
      Bussell B. Burnside and Charles G. Blakeslee for appellants.
    
      Noel S. Symons for respondent.
   Order affirmed, with costs; no opinion.

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