Majority
p. 725In the Matter of the Application of the Transit Construction Commission, etc., Relative to Acquiring an Estate in Fee Simple Absolute in and to Certain Premises Situated between Peartree Avenue, Roosevelt Avenue and the Long Island Railroad, in the Borough of Queens, City of New York, etc.
Motion to dismiss appeal denied, without costs, without prejudice to the determination of the question involved upon the argument of the main appeal. Present — Blackmar, P. J., Rich, Jaycox, Manning and Kelby, JJ.