
    In re BORUP’S PETITION.
    (Supreme Court, Appellate Division, Second Department.
    March 17, 1905.)
    In the matter of the petition of John Borup for the appointment of commissioners to assess damages to his property, etc.
   PER CURIAM.

Motion to resettle order granted. Motion for reargument denied. Motion for leave to appeal to the Court of Appeals granted, and question certified as follows: “Is chapter 610 of the Laws of 1903, so far as it may be construed to make the town of Eastchester liable for damages sustained through a change of grade made prior to the enactment of that act, unconstitutional and void?”  