
    In the Matter of the Complaint of the Trustees of the Village of Saratoga Springs, Respondent, v. The Saratoga Gas, Electric Light and Power Company, Appellant.
    Reported below, 122 App. Div. 203.
    (Argued January 6, 1908;
    decided January 7, 1908.)
    Motion to dismiss an appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 2,1907, which affirmed a determination of the state commission of gas and electricity, fixing the price to be charged for gas and electricity in the village of Saratoga Springs.
    The following question was certified : “ Has there been any invasion of the appellant’s constitutional rights in or by the order appealed from % ”
    The motion was made .upon the grounds that the Appellate Division had no power to certify to this court the question certified; that the order appealed from ivas not appealable and that the Court of Appeals had no jurisdiction of the appeal.
    
      William 8. Jackson, Attorney-General (George P. Decker of counsel), for motion.
    
      Edgar T. Brackett opposed.
   Motion denied, with ten dollars costs.  