Majority
p. 925In the Matter of the Application of the City of Rochester, Respondent, to Acquire Certain Lands Situate in the Town of Canadice, Ontario County, New York, for Municipal Purposes, Belonging to Alexander M. Holden and Another, Appellants.
Order reversed, with costs, and proceeding dismissed, with costs, upon the ground stated in the opinion of De Angelis, J., in Matter of City of Rochester (ante, p. 369), decided herewith. All concurred, Foote, J., in result, except Kruse, P. J., who dissented and voted for affirmance.