Majority
p. 749The People of the State of New York ex rel. The Jamaica Gas Light Company v. Oscar S. Straus and Others.
It appears from the answering papers that no final order now exists in these proceedings, but that they are still before the Public Service Commission. This is not controverted by answering affidavits. If this is the situation no proceedings are pending in this court in which substitution can be made upon these pap'ers. Motion denied. Present — Clarke, P. J., Laughlin, Dowling, Smith and Greenbaum, JJ.