
    In the Matter of the Application of Charles H. Proffen, Respondent, for a Peremptory Mandamus Order Directing George P. Nicholson, as Corporation Counsel, etc., Appellant, to Institute Proceedings Pursuant to Chapter 1006 of the Laws of 1895, and the Acts Amending the Same, to Determine Compensation for Damage by Reason of Closing of Old Third Avenue, Formerly Old Fordham Avenue, in the Borough of The Bronx, City of New York.
    
      
       See Laws of 1911, chap. 879, and Laws of 1923, chap. 752.— [Rep.
    
   Order affirmed, with ten dollars costs and disbursements. No opinion. Present — Dowling, P. J., Merrell, Finch, McAvoy and Proskauer, JJ.  