
    In the Matter of J. Warren Lawton, Appellant, v. The City of New Rochelle, Respondent.
    
      Matter of Lawton v. City of New Rochelle, 123 App. Div. 832, affirmed.
    (Argued November 11, 1908;
    decided December 1,1908.)
    Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 30, 1908, which reversed an order of Special Term appointing commissioners to determine the compensation to which petitioner is entitled by reáson of the change of grade of a certain street in the city of New Rochelle.
    
      William H. Maginnis and John Cummins for appellant.
    
      Michael J. Tierney for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Vann, Willard Bartlett, Hiscock and Chase, JJ. Not voting: Haight, J.  