
    In re LAKE SHORE & M. S. RY. CO.
    (Supreme Court, Appellate Division, Fourth Department.
    October 14, 1908.)
    In the matter of the application of the Lake Shore &i Michigan Southern Railway Company for the appointment of commissioners, etc.
   PER CURIAM.

Order (53 Misc. Rep. 340, 103 N. Y. Supp. 294) reversed, report of commissioners set aside, and matter remitted to the Special Term for the appointment of new commissioners, without costs of this appeal to either party. Held that, in view of the affidavit made by Commissioner Dye, he was an improper person to have acted as commissioner.  