
    In the Matter of the Application of the County of Ulster, Appellant, against the State Department of Public Works et al., Respondents.
    (Argued May 5, 1925;
    decided May 15, 1925.)
    
      Highways — designation of highways for improvement — mandamus to compel Department of Highways to approve action of hoard of supervisors denied.
    
    
      Matter of County of Ulster v. State Dept, of Public Works, 211 App. Div. 629, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in. the third judicial department, entered January 17, 1925, which reversed an order of Special Term granting a motion for a peremptory order of mandamus to compel the Department of Public Works, the Bureau of Highways of the Department of Public Works, Frederick Stuart Greene, the Superintendent of the Department of Public Works, and Arthur W. Brandt, the Commissioner of Highways, to approve of the action taken by the .board of supervisors of Ulster county on the 28th day of April, 1924, designating for improvement and construction certain highways within the county of Ulster under the provisions of section 320-a of the Highway Law, and to approve of the determination agreement executed by the chairman and clerk of the board of supervisors of Ulster county, pursuant to the direction of the board of supervisors, by resolution adopted April 29, 1924, and to indicate the approval of the Commissioner of Highways upon such agreement.
    
      John W. Eckert for appellant.
    
      Albert Ottinger, Attorney-General (John H. Machan and Charles E. McManus of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, McLaughlin, Crane, Andrews and Lehman, JJ. Absent: Pound, J.  