
    The People of the State of New York ex rel. The Western New York and Pennsylvania Railway Company, Appellant, v. Egburt E. Woodbury and Others, Constituting the State Board of Tax Commissioners of the State of New York, Whereas Mark Graves and Others Are Now Constituting the State Board of Tax Commissioners of the State of New York, and the City of Buffalo, Respondents.
   Motion granted, with ten dollars costs, without prejudice to the application by the appellant to reinstate the appeal upon showing merits and that People ex rel. New York Central & H. R. R. R. Co. v. Woodbury (203 N. Y. 167) is not determinative of the issue to be presented on this appeal. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.  