
    PEOPLE ex rel. LEFFERTS, Respondent, v. McCLELLAN et al., Appellants.
    (Supreme Court, Appellate Division, Second Department.
    March 18, 1904.)
    Proceeding by the people of the state of New York, on the relation of Robert LeSerts, against George B. McClellan and others, composing the board of estimate and apportionment of the city of New York.
   PER CURIAM.

Order affirmed, with $10 costs and disbursements.

BARTLETT and JENKS, JJ„ dissent, upon the ground that it does not appear that the resolution of the local board of Flatbush has ever been presented to the existing board of estimate and apportionment, but being of the opinion that, if it had been so presented, the order below would have been proper.

upon  