
    The People of the State of New York ex rel. The Brooklyn Heights Railroad Company, Respondent, v. Bird S. Coler, President of the Borough of Brooklyn, Appellant.
    
      Railroad—construction of road—consent of highway commissioners.
    
    Appeal by the defendant from an order of the Special Term, entered in the office of the clerk of the county of Kings on the 22d day of January, 1909, granting the relator’s application for a peremptory writ of mandamus.
   Burr, J.:

The validity of the consent given on February 5, 1894, by the highway commissioners of the town of Flatlands to the construction of a street surface railroad .upon Nostraud avenue, from the line dividing the former towns of Flatbush and Flatlands to the line of division between said town of Flatlands and the former town of Gravesend, has recently been considered by this court and its validity affirmed. (People ex rel. Westminster Heights Co. v. Coler, 121 App. Div. 293.) The relator is clearly entitled to maintain this proceeding if such consent was valid. The order appealed from should be affirmed, with ten dollars costs and disbursements. Woodward, Jenks, Gaynor and Rich, JJ., concurred. Order affirmed, with ten dollars costs and disbursements.  