
    Town of Nichols, Respondent, v. Sumner Park et al., Appellants, Impleaded with Others. The Public Service Commission of the State of New York et al., Respondents.
    
      Appeal — motion to dismiss appeal from order reversing order confirming report in condemnation proceedings denied.
    
    Reported below, 209 App. Div. 319.
    (Argued October 5, 1925;
    decided October 13, 1925.)
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 4, 1924, which reversed^ an order of Special Term confirming the proceedings of commissioners of appraisal in condemnation proceedings.
    The motion was made upon the ground that an appeal-did not lie as, of right to the Court of Appeals and that permission to appeal had not been obtained.
    
      Halsey Sayles for motion.
    
      Archibald Howard opposed.
   Motion denied, with ten dollars costs.  