In re the Extension of North Third Avenue To First Street

Per Curiam :

This is an application for the appointment of a referee to take proof of the facts and circumstances upon which the common council of Mount Vernon passed an ordinance for the extension of North Third avenue in said city across the railroad tracks of the appellant, the New York, New Haven and Hartford Railroad Company. The appellant seeks to review the determination of the common council for the extension of the avenue, made under the provisions of section 61 of the Railroad' Law (Chap. 565, Laws of 1890), as amended by chapter 754 of the Laws of 1897. It is not entirely clear that…