
    In the Matter of the Opening of Lexington Avenue, between Ninety-seventh and One Hundred and Second Streets in the City of New York. In re Petition of James A. Deering, Appellant; John Schreyer, Respondent.
    
      Matter of Lexington Ave., 30 App. Div. 602, affirmed.
    (Argued October 5, 1898;
    decided October 25, 1898.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 5, 1898, reversing an order of Special Term confirming the report of a referee and directing the payment to the appellant of a certain portion of an award made in proceedings to open Lexington avenue in the city of New York.
    
      Clarence L. Barber for appellant.
    
      Alex. Thain for respondent.
   Order affirmed, with costs, on opinion below.

All concur, except Haight and Martin, Jj., not voting..  