
    In re TOWNSEND AVE.
    (Supreme Court, Appellate Division, First Department.
    November 21, 1902.)
    Proceedings to open Townsend avenue in New York Gity. Appeal from order denying motion to confirm report of commissioners of estimate and assessment.
    Order affirmed.
    John P. Dunn, for appellant. James A. Deering and John C. Shaw, for respondents.
   PER CURIAM.

This case involves the same question as was considered in Re Grant Ave. (decided herewith) 78 N. Y. Supp. 737, and for the reasons stated in the opinion in that case the order appealed from should be affirmed, with costs.

VAN BRUNT, P. J., dissents.  