
    NEW YORK CENT. & H. R. R. CO., Appellant, v. MILLS et al. Respondents.
    (Supreme Court, Appellate Division, Second Department.
    June 13, 1913.)
    Action by the New York Central & Hudson River Railroad Company against Abner B. Mills and others.
   PER CURIAM.

Without any expression or intimation of opinion upon the merits of the controversy, we affirm the exercise of discretion hy the Special Term in sending back the report to the commissioners hy affirmance of the order, with $10 costs and disbursements. See Matter of Board of Water Commissioners, 55 App. Div. 77, 66 N. Y. Supp. 1005; Matter of Prospect Park & C. I, R. R. Co., 85 N. Y. 489.  