
    The People of the State of New York ex rel. The Nassau Company, Appellant, v. Nathan L. Miller, as Comptroller of the State of New York, Respondent.
    (Argued May 30, 1905;
    decided June 13, 1905.)
    
      People ex rel. Nassau Co. v. Miller, 90 App. Div. 618, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 21, 1904, which confirmed á determination of the defendant refusing to revise an assessment against the relator of a franchise tax for the year ending October 31, 1901.
    
      Francis D. Pollak for appellant.
    
      Julius M. Mayer, Attorney-General, for respondent.
   Order affirmed, with costs, on authority of People ex rel. Wall & Hanover St. Pealty Co. v. Miller (181 N. Y. 328).

Concur : Bartlett, Haight, Yann and Werner, JJ. Dissenting : Cullen, Ch. J., Gray and O’Brien, JJ.  