
    Petition of Burke.
    
      Assessment—proceedings to vacate — evidence of ownership.
    
    The affidavit in hehalf of B., who petitioned to vacate an assessment on certain lots allegedito be void, stated “ that at the time of the confirmation of the assessment the petitioner was the lessee of and as such liable for the pay. ment of the assessment imposed on the lots mentioned,” etc. Held, not to show interest in the petitioner in the lands affected by the assessment such as entitled him to institute proceedings to vacate the same.
    Appeal by the mayor, aldermen and commonalty of the city of New York frgpi an order at special term vacating an assessment on the property of the petitioner Edward Burke for a cross-walk across West street in said city.
    
      E. Delafield Smith, for appellants.
    
      Neville & Andrews, for respondent.
   Davis, P. J.

The facts in this case, are similar to those in Petition of Phillips, ante, p. 484, and the decision and findings the same.

Order reversed.  