
    The City of New York, Respondent, v. Augustus D. Kelsey, Appellant.
    (Argued October 20, 1914;
    decided November 10, 1914.)
    
      City of N. Y. v. Kelsey, 158 App. Div. 183, affirmed.
    Appeal from a judgment of the. Appellate Division of the Supreme Court in the second judicial department, entered August. 4, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to restrain the defendant from using or permitting to be used certain premises for cemetery purposes.
    
      John Lyon, Thomas Young and Francis G. Hooley for appellant.
    
      Frank L. Polk, Corporation Counsel (John B. Shanahan and James D. Bell of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Werner, Chase, Collin, Hogan, Miller and Cardozo, JJ. Not voting: Willard Bartlett, Ch. J.  