Majority
p. 898In 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, to Acquire Real Estate, etc., in the Towns of North Castle and Mount Pleasant, Westchester County, New York, etc. Kensico Reservoir, Section No. 4.
The exhaustive briefs and voluminous record have been critically examined. The award attacked is at least fully compensatory to the appellant. It was not made upon an erroneous theory.- There is no question of law to discuss, as this is not a proper case for the application of the rule in Matter of Board of Water Commissioners ( 55 App. Div. 77 ). Order affirmed, with ten dollars costs and disbursements. Burr, Carr, Stapleton and Putnam, JJ., concurred; Jenks, P. J., taking no part.