Majority
p. 922In the Matter of the Application of Bronx Parkway Commission, Appellant, to Acquire Title to Lands of the Garth Estates, Respondent. Alexander B. Crane, as Sole Surviving Executor and Trustee, etc., and Others, Defendants. (Proceeding No. 4-K.)
Order affirmed, with ten dollars costs and disbursements. Such a motion as this appears to be without precedent. The commissioners of appraisal, however, are respectfully referred to our recent decision of March twelfth (Matter of Bronx Parkway Commission, ante, p. 212), opinion by Putnam, J., as to the competency of evidence in such a proceeding. Jenks, P. J., Mills, Putnam, Blackmar and Kelly, JJ., concur.