
    Patrick Dougherty, Appellant, v. Samuel McMillan et al., Respondents.
    Appeal by the petitioner from a final order in summary proceedings dismissing the petition of the petitioner, made by the justice of the Municipal Court in the city of New York, borough of Manhattan, tenth district, upon a trial had without jury.
    These proceedings were instituted to regain the possession of a certain lot situated oh the! west side of the Boulevard, 25 feet 7 inches west of West Einety-first street, in said borough, claimed to have been forcibly entered upon by the defendant, and who, it is further claimed, forcibly held the same.
    Charles De Hart Brower, for appellant.
    James A. Dunn, for respondent McMillan.
    James A. Deering, for other respondents.
   Per Curiam.

The petition does not allege, nor do: the proofs show, that the petitioner had any interest whatever in the premises in suit.

The proceedings were, therefore, properly dismissed by the trial justice (Code of Civ. Pro., § 2235; Potter v. New York Bap. Mission Society, 23 Misc. Rep. 671; Ross v. Same, id. 683), and it follows that the final order appealed from must be affirmed, with costs.

Present: Beekman, P. J., Gildersleeve and Giegerich, JJ..

Order affirmed, with costs.  