
    The People of the State of New York ex rel. Fahnestock Transmitter Company, Appellant, v. Otto Kelsey, as Comptroller of the State of New York, Respondent.
    
      People ex rel. Fahnestock Tr. Co. v. Kelsey, 111 App. Div. 911, affirmed.
    (Argued April 16, 1906;
    decided May 1, 1906.)
    Appeal from an order of the' Appellate Division of the Supreme Court in the third judicial department, entered January 10, 1906, which affirmed a determination of the defendant assessing a franchise tax upon the property of the relator for the year ending October 31, 1904.
    
      William T. Read, and Walter S. Logan for appellant.
    
      Julius M. Mayer, Attorney-General (Horace McGuire of counsel), for respondent.
   Order affirmed, with cpsts ; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Vann and Willard Bartlett, JJ. Not sitting: Chase, J,  