
    In the Matter of the Application of Alfred Varian et al., Appellants, for an Order Extending the Time for the Submission of Evidence to and the Making of Decisions by the Change of Grade Damage Commission. The City of New York, Respondent.
    (Argued June 10, 1912;
    decided June 29, 1912.)
    
      Matter of Varian, 150 App. Div. 453, affirmed.
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May Y, 1912, which denied for want of power and not in the exercise of discretion the above-entitled application.
    The following question was certified: “ Had the Appellate Division of the Supreme Court in the first judicial department power to grant the motion of the claimants in the present proceeding, namely, the motion instituted by their notice of motion herein bearing date March 14, 1912 ? ”
    
      Barclay E. V. McCarty, Jared G. Baldwin, Jr., John M. Harrington and William H. Snowden for appellants.
    
      Archibald R. Watson, Corporation Counsel (Charles J. Nehrbas and Terence Farley of counsel), for respondent.
   Order affirmed, without costs; question certified answered in the negative; no opinion.

Concur: Culler, Oh. J., Gray, Haight, Varr, Werrer, Hiscock and Collir, JJ.  