
    The People of the State of New York ex rel. Michele Sciarillo, Appellant, v. Joseph P. Hennessy et al., Composing the Board of Assessors of the City of New York, Respondents.
    (Argued November 18, 1912;
    decided December 3, 1912.)
    
      People ex rel. Sciarillo v. Hennessy, 152 App. Div. 944, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 28, 1912, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel defendants to assess the damage alleged to have been occasioned to relator’s property by a change of grade.
    
      John R. McMullen for appellant.
    
      Archibald R. Watson, Corporation Counsel (Charles J. Nehrbas and Terence Farley of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Cray, Haight, Vann, Werner, Willard Bartlett and Hiscock, JJ.  