
    The People of the State of New York ex rel. Brooklyn Rapid Transit Company, Appellant, v. Nathan L. Miller, as Comptroller of the State of New York, Respondent.
    
      People ex rel. Brooklyn R. T. Co. v. Miller, 85 App. Div. 178, affirmed.
    (Argued April 28, 1905;
    decided May 30, 1905.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered August 5, 1903, which confirmed the proceedings of the defendant in assessing a franchise tax upon the relator for the year ending October 31, 1901.
    
      Charles A. Collin for appellant.
    
      Julius M. Mayer, Attorney-General (Horace McGuire of counsel), for respondent.
   Order affirmed, with costs ; no opinion.

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