
    Mary W. Burchard, Respondent, v. The State of New York, Appellant.
    
      Burchard v. State of New York, 128 App. Div. 750, appeal dismissed.
    (Argued April 30, 1909;
    decided May 18, 1909.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 16, 1908, reversing a nominal judgment in favor of plaintiff entered upon an award of the Court of Claims and granting a new trial of a claim for damages occasioned by the permanent appropriation of certain real property for canal purposes.
    
      Edward It. O'Medley, Attorney-General, for appellant.
    
      John B. Holmes and Horthrup It. Holmes for respondent.
   Appeal dismissed, with costs; no opinion.

Concur: Gray, Edward T. Bartlett, Haight, Vann, Werner, Hiscock and Chase, JJ.  