
    In re MOULTON.
    (Supreme Court, Appellate Division, Fourth Department.
    March 3, 1915.)
    In the matter of the application of Charles F. Moulton as to the change of grade of street in the village of Cuba, N. Y.
   PER CURIAM.

Judgment affirmed, with costs.

FOOTE, J., dissents, upon the ground that the state, and not the village, is chargeable with the maintenance of the highway in question, and, as the statute imposes the liability for change of grade only upon the municipality chargeable with maintenance, the village in this case is not liable.  