Opinion
June, 1913.
Without any expression or intimation of opinion upon the merits of the controversy, we affirm the exercise of discretion by the Special Term in sending back the report to the commissioners by affirmance of the order, with ten dollars costs and disbursements. (See Matter of Board of Water Commissioners, 55 App. Div. 77; Matter of Prospect Park C.I.R.R. Co., 85 N.Y. 489. ) Jenks, P.J., Thomas, Carr, Rich and Putnam, JJ., concurred.