
    In re FIFTH AVENUE.
    (Supreme Court, Appellate Division, Third Department.
    January 4, 1911.)
    In the matter of the laying out, making, opening, constructing, and extending of Fifth Avenue (formerly Rural Avenue), from the point of its termination to North Main Street, in City of Gloversville, N. Y.
   PER CURIAM.

Order affirmed, without costs, on the ground that the County Court had no jurisdiction to award costs, without, however, passing on the question whether the common .council of the city of Gloversville has such power, or, if it has, whether application can be made, except on confirmation of award and before assessment of damages.

SMITH, P. J., not voting.  