
    In the Matter of The Citizens’ Water Works Co. v. David Parry et al.
    
    
      (Supreme Court, General Term, Second Department,
    
    
      Filed July 2, 1891.)
    
    Appeal—Eeabgument.
    A motion for the reargument of an appeal at general term cannot be made after an appeal has been taken to the court of appeals.
    Motion for reargument For former decision see 35 1ST. Y. State Rep., 640.
    
      Calvin Frost and C. E. Tracy, for motion; A. H. F. Seeger, opposed.
   Dykman, J.

—Before the order to show causé why a reargument should not be granted in this court an appeal had been taken to the court of appeals from the order of the general, term and of course that appeal removed the cause from this court so far as any action of the general term is concerned.

It has been held that motions may be made at special term in actions which have been carried to the court of appeals, but we know of no authority for making any motion in the general term after such appeal

Our conclusion is that the motion should be denied, with ten dollars costs.

Barnard, P. J., and Pratt, J., concur.  