
    In the Matter of the Application of the Board of Transportation of the City of New York, Acting for and on Behalf of the City of New York, Pursuant to Chapter 4 of the Laws of 1891, and the Several Statutes Amendatory Thereof and Supplemental Thereto, Relative to Acquiring, for the Construction, Maintenance and Operation of a Municipal Rapid Transit Railroad, Certain Real Property and Rights and Easements in, through, under, on and over Certain Real Property Situated on Schermerhorn Street, between Bond Street and Third Avenue, Lafayette Avenue, between Flatbush Avenue and St. Felix Street, and at Southwest Corner of Fulton Street and Ashland Place, in the Borough of Brooklyn, City of New York, Proceeding No. 4, Route No. 107, Section No. 6. John J. Beatty, Appellant; Charles W. Berry, as Comptroller of The City of New York, Respondent.
   Order in so far as appealed from reversed upon the law and the facts, with ten dollars costs and disbursements, and matter remitted to Special Term for further hearing as to the value of appellant’s services. There is nothing in the present record, beyond the statement of the justice making the order appealed from, to show that appellant’s bills are excessive or fraudulent. Lazansky, P. J., Young, Kapper, Hagerty and Carswell, JJ., concur.  