
    The People of the State of New York, Respondent, v. Millie J. Newcomb, as Administratrix of the Estate of Sarah A. Wiggins, Deceased, Appellant.
    
      People v. Newcomb, 146 App. Div. 904, appeal dismissed.
    (Argued February 26, 1913;
    decided March 18, 1913.)
    Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 9, 1912, which affirmed an order of the court at a Trial Term dismissing the complaint, without costs to either party, on the ground that the action, which was one to recover a penalty for the sale of adulterated milk, had abated by reason of the death of the original defendant.
    Defendant claimed that the court had no power to deny defendant costs.
    
      O. M. Reilly for appellant.
    
      Thomas Carmody, Attorney-General (Henry Selden Bacon of counsel), for respondent.
   Appeal dismissed, without costs; no opinion.

Concur: Cullen, Ch. J., Werner, Willard Bartlett, Hiscock, Chase, Collin and Hogan, JJ.  