The provision of' the charter upon which the1 determination of .this controversy depended having been amended since the action was brought,* we do not think it is proper to grant leave to appeal to the Court of. Appeals. The motion is, therefore, denied. Present — Hirschberg, P. J., Jenks, Hooker, Rich and Miller, JJ.
See Peace v. McAdoo (110 App. Div. 13); Laws of 1905, chap. 621, amdg. Greater N. Y. charter (Laws of 1901, chap. 466), § 315.— [Rep.