Majority
p. 927In the Matter of the Application and Petition of J. Edward Simmons and Others, Constituting the Board of Water Supply of the City of New York, Appellants, to Acquire Real Estate, etc., in the Towns of North Castle and Mount Pleasant, Westchester County, New York, etc. (Kensico Reservoir, Section No. 4, First Separate Report). Various Claimants, Respondents.
Order, in so far as appealed from, reversed, with ten dollars costs and disbursements, on - the authority of Matter of Simmons (Ashokan Reservoir, See. No. 6) ( 130 App. Div. 350 ). Hirschberg, P. J., Gaynor, Burr, Rich and Miller, JJ., concurred.