
    The People of the State, of New York ex rel. Central Trust Company of New York, as Substituted Trustee under the Will of Jason Rogers, Deceased, Appellant, v. William E. Stillings et al., Composing The Change of Grade Damage Commission in the City of New York, et al., Respondents.
    
      People ex rel. Central Trust Co. v. Stillings, 136 App. Div. 438, affirmed.
    (Argued February 8, 1910;
    decided February 22, 1910.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 26, 1910, which dismissed a writ of certiorari and confirmed the proceedings of the defendant commissioners in refusing to include interest in an award of damages for a change of grade.
    
      Barclay E. V. McCarty, Jared C. Baldwin, Jr., and John M. Harrington for appellant.
    
      Archibald B. Watson, Corporation Counsel (Stephen O'Brien of counsel), for respondents.
   Order affirmed, with costs, on opinion of Scott, J., below.

Concur: Cullen, Ch. J., Haight, Yann, Willard Bartlett, Hiscock and Chase, JJ. Absent: Werner, J.  