
    Minnie E. Patterson, as Administratrix, etc., of William V. Patterson, Deceased, Appellant, v. The New York Central Railroad Company, Sued as New York Central and Hudson River Railroad Company, Respondent.
    Appeal from an order of the Supreme Court, entered in the Schenectady county clerk’s office on January 16, 1926, granting a new trial.
   Per Curiam.

It appearing from the undisputed evidence that the transaction was not one arising in interstate commerce the plaintiff cannot succeed. In view, however, of the fact that the defendant has not appealed the complaint cannot be dismissed by this court; therefore, the order granting a new trial is affirmed. Order unanimously affirmed, with costs.  