
    (119 App. Div. 879)
    PEOPLE ex rel. BROOKLYN HEIGHTS R. CO. v. GROUT, Comptroller, et al.
    (Supreme Court, Appellate Division, Second Department.
    April 26, 1907.)
    Appeal from Special Term, Kings County.
    Mandamus by the people, on the relation of the Brooklyn Heights Railroad Company, against Edward M. Grout, as comptroller of the city of New York, and another, to compel defendants- to deduct from relator’s franchise tax the local public charges. From an order denying the relator’s application in part, it appeals. Modified and affirmed.
    Argued before HIRSCHBERG, P. J., and WOODWARD, TENKS, HOOKER, and GAYNOR, JJ., concur.
   PER CURIAM.

Order modified, in accordance with opinion of GAYNOR, J., in People ex rel. Nassau Electric Railroad Company v. Grout (decided herewith, 103 N. Y. Supp. 975, and, as modified, affirmed, without costs.  