
    In the Matter of the Application of Morgan J. O’Brien et al., as Executors of John D. Crimmins, Deceased, Appellants, for a Peremptory Writ of Mandamus against John P. O’Brien, as Corporation Counsel of the City of New York, Respondent.
    
      New Yorh city — street closing — limitation of actions — application for mandamus to compel corporation counsel to apply for appointment of commissioners of estimate on street closing denied as barred by limitation prescribed in section 5 of Street Closing Law.
    
    
      Matter of O’Brien (Woolsey Ave.), 200 App. Div. 914, affirmed.
    (Submitted May 29, 1923;
    decided June 12, 1923.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 17, 1922, which unanimously affirmed an order of Special Term denying a motion, made under section 4 of the Street Closing Law (L. 1895, ch. 1006), for a peremptory writ of mandamus to compel the corporation counsel of the city of New York to apply for the appointment of commissioners of estimate to determine the compensation due to the estate of John D. Crimmins, deceased, by reason of the closing of Woolsey avenue between Barclay street and the East river in the borough of Queens. The application was denied upon the ground that the claim was barred under section 5 of the Street Closing Law.
    
      Harry B. Chambers and James A. Lynch for appellants.
    
      George P. Nicholson, Corporation Counsel (Joel J. Squier and William B. R. Faber of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  