Majority
p. 919Consolidated Water Company of Utica, N. Y., Respondent, v. Milo R. Maltbie and Others, as Commissioners, and Constituting the Public Service Commission (State Division, Department of Public Service) of the State of New York, Appellants.
It appearing from the papers on file in the court that the questions involved in the action have become academic, plaintiff’s motion to dismiss the appeal is, therefore, granted. The order of dismissal is without prejudice to the right of defendants to apply for the reinstatement of such appeal if changed conditions should render such a course advisable. Present — Hill, P. J., Rhodes, McNamee, Crapser and Hefiernan, JJ.