
    In the Matter of the Application of The City of New York, Appellant, for the Appointment of Commissioners of Estimate and Assessment in Proceedings to Discontinue and Close West One Hundred and Fifty-first Street in the Borough of Manhattan. Morgan J. O’Brien et al., as Executors of Francis Higgins, Deceased, Respondents.
    
      Matter of City of New York (West 151st Street), 175 App. Div. 980, affirmed.
    (Argued February 28, 1917;
    decided March 20, 1917.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 3, 1916, which affirmed an order of Special Term confirming the report of commissioners of estimate and assessment in a street closing proceeding. The question involved was whether the estate .of Francis Higgins was entitled to compensation under chapter 1006 of the Laws of 1895, in view of the facts established by the evidence before the commissioners as to the construction of One Hundred and Fifty-first street, more than fifty years ago, so as to afford access to the property, its use for that period in giving such access, and that during that period it had no other means of access.
    
      Lamar Hardy, Corporation Counsel (L. Howell La Motte of counsel), for appellant.
    
      James R. Deering for respondents.
   Order affirmed, with costs; no opinion.

Concur: Hiscock, Oh. J., Chase, Cuddeback, Hogan, Pound, McLaughlin and Andrews, JJ.  