
    The People of the State of New York ex rel. Bath and Hammondsport Railroad Company, Respondent, v. The Public Service Commission of the Second District of the State of New York et al., Defendants, and The Hornell, Bath and Lake Keuka Railway Company, Appellant.
    
      People ex rel. Bath & H. B. B. Go. v. Public Service Commission, 127 App. Div. 480, modified.
    (Argued January 5, 1909;
    decided January 19, 1909.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 19, 1908, which annulled a determination of the State Board of Railroad Commissioners that public convenience and necessity required the construction of the railroad of the appellant herein.
    
      Charles A. Dolson, E. L. Dolson and Milo M. Acker for appellant.
    
      Floyd G. Greene for respondent.
   Order modified so as to award a rehearing before the Public Service Commission, and as modified affirmed, with costs to the respondent; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ.  