
    In the Matter of the Opening of LEXINGTON AVENUE.
    Appeal from an order made at the Special Term, denying a motion to set aside an order confirming the report of the commissioners for opening Lexington avenue from Sixty-first street to the Harlem river.
    The General Term held that the order could only be set aside on the ground of fraud, and that as no fraud was proved in the case, the order should be affirmed.
    
      
      Ira D. Warren, for the appellant.
    
      E. Delafield Smith, for the respondent.
    
      
       Laws of 1813, ch. 86, §178; In the Matter of the Commissioners of Central Park, 41 How., 12; id., 50 N. Y., 493; In the Matter of Anthony Street in the city of New York, 20 Wend., 618, 620; Mayor v. Erben, 38 N. Y., 311; Matter of Commissioners of Central Park, 35 How., 256; Matter of Canal and Walker Streets, 2 Kern., 406.
    
   Opinion by Donohue, J.

Lawrence and Daniels, JJ., concurred.

Order affirmed.  