
    In re LONG ISLAND R. CO.
    (Supreme Court, Appellate Division, Second Department
    January 31, 1907.)
    In the matter of the ap plication of the Long Island Railroad Company as lessee of the Nassau Electric Railroad Corn pany, and said the Nassau Electric Railroad Company for the construction of an electri railroad on portions of Atlantic avenue in th borough of Brooklyn, city of New York.
   Nc opinion. Motion for the appointment of corn missioners denied, and proceedings dismissed not in the exercise of discretion, but solely or the ground that the petitioners are not pea sessed of the legal right to construct and oper rate the roads contemplated.  