Appeal from an order of the Supreme Court, Broome County, denying appellants’ motion to dismiss respondent’s petition in a proceeding under article 13 of the Tax Law for failing to state facts sufficient to constitute a cause of action. The respondent’s petition seeks review of the assessment placed upon its real property in the City of Binghamton. The petition sets forth that the respondent duly appeared before the appellants by its authorized agent, made application for a correction of its assessment, duly filed a verified protest which was received without objection and that a hearing was held thereon with appellants refusing to reduce the amount of the assessment. The protest, a copy of which was attached to the petition, was signed “ The Delaware, Lackawanna and Western Railroad Company by Albert L. Merriam, District Land & Tax
