The People of the State of New York ex rel. The New York Central and Hudson River Railroad Company, Appellant, v. Michael J. Walsh, Acting Comptroller of the State of New York, et al., Respondents. (Fox Ridge Case.)

Order of Appellate Division reversed and order of Special Term modified as indicated in opinion of Collin, J., in the Sterling Creek case (People ex rel. N. Y. C. & H. R. R. R. Co. v. Walsh, 211 N. Y. 90), decided herewith, and as modified affirmed, without costs to either party.

Concur: Willard Bartlett, ■ Oh. J., Werner, Hiscock, Chase, Collin and Miller, JJ. Dissenting: Hogan, J. _