
    The People of the State of New York ex rel. Brooklyn Union Gas Company, Respondent, v. Charles H. Gaus, as Comptroller of the State of New York, Appellant.
    (Not reported below.)
    (Argued June 2, 1909,
    decided June 18, 1909.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 14,1909, which reversed a determination of the defendant in assessing a franchise tax against the relator and directed a reassessment thereof.
    
      Edward li. O'Malley, Attorney-General [Edward H. Letchworth of counsel), for appellant.
    
      William AT. Dyhman and Yine H. Smith for respondent.
   Order affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Tann, Werner and Hiscook, JJ.  