
    The People of the State of New York ex rel. Matheson Lead Company, Appellant, v. Otto Kelsey, as Comptroller of the State of New York, Respondent.
    
      People ex rel. Matheson Lead Co. v. Kelsey, 132 App. Div. 939, affirmed.
    (Argued November 17, 1910;
    decided December 6, 1910.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 20, 1909, which dismissed a writ of certiorari and confirmed the proceedings of the defendant in assessing franchise taxes against the relator for the years 1896, 1897 and 1898.
    
      George H. Mallory and Henry G. Fritsche for appellant.
    
      Edward R. O'Malley, Attorney-General (Edward H. Letchworth of counsel), for respondent.
   Order affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.  