
    BROUGHTON, Respondent, v. CITY OF MT. VERNON, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    March 16, 1906.)
    Application of James H. Broughton against the city of Mt. Vernon.
   PER CURIAM.

We find no statutory authority for the interposition of a demurrer to a petition in a special proceeding to vacate an assessment for a local improvement. The demurrer was equivalent to a preliminary objection taken to the consideration of the petition on the merits. The order appealed from does not determine the rights of the parties, and, while it is probably irregular, no substantial right of the appellant will be affected until the final order contemplated in the statute is made. We think section 1356 of the Code of Civil Procedure does not authorize an appeal from this order. The appeal is dismissed, without costs.  