Opinion
November, 1912.
Order in so far as appealed from reversed, with ten dollars costs and disbursements, upon the authority of Matter of Simmons ( Hill View Reservoir, Sec. No. 1) ( 151 App. Div. 444), and proceeding remitted to the Special Term to consider the application upon the merits. Burr. Thomas, Woodward and Rich, JJ., concurred; Hirschberg, J., dissented,