
    GIBBS, Respondent v. LUTHER et al., Appellants.
    (Supreme d0~~t, Appellate Division, Fourth Department.
    October 8, 1913.)
    Action by Arthur Gibbs, a taxpayer of the city of Olean, against George H. Luther and others, as Commissioners of Public Works, etc., and others.
   No opinion. Order (81 Misc. Rep. 611, 143 N. Y. Supp. 90) affirmed, `with ~10 CostS and disbursements. Held, that the proceeding to pave the street and charge the expense t~ the adjoining owners is unauthorized, without the petition required by the City charter.  