In re the Long Island Railroad , 102 N.Y.S. 1141 ( 1907 )

Motion for the appointment of commissioners denied and proceedings dismissed, not in the exercise of discretion, but solely on the ground that the, petitioners are not possessed of the legal right to construct and operate the roads contemplated. Present-^Hirschberg, P. J., Woodward, Jenks, Hooker and Miller, JJ.