In re Grade Crossing Commissioners — 229 N.Y. 637

Majority

p. 637

In the Matter of the Application of the Grade Crossing Commissioners of the City of Buffalo, Respondents, for the Appointment of Commissioners. Otis Elevator Company, Appellant; City of Buffalo et al., Respondents.

Headnote

Appeal — order affirmed where question argued is not presented by record.

Matter of Grade Crossing Comrs. City of Buffalo, 191 App. Div. 935 , affirmed.

(Argued October 6, 1920;

decided October 22, 1920.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 13, 1920, which affirmed an order of Special Term confirming the report of commissioners of appraisal in charge of grade damage proceedings.

Edward C. Randall for appellant.

. De Witt Clinton for grade crossing commissioners, respondents.

William S. Rann, Corporation Counsel (.Jeiemiah J. Hurley of counsel), for city of Buffalo, respondent.

Maurice C. Spratt for New York Central Railroad Company, respondent.

Order affirmed, with costs, on the ground that the question argued by appellant is not presented by the record; no opinion.

Concur: His cock, Ch. J., Chase, Collin, Cardozo, McLaughlin, Crane and Andrews, JJ.