Majority
p. 854In the Matter of the Application and Petition of The City of New York to Acquire Certain Real Estate at Mohansie Lake and Little Mohansie Lake, in the Town of Yorktown, Westchester County, New York, under the Greater New York Charter and Pursuant to Chapter 543 of the Laws of 1925, to Be Acquired for the Sanitary Protection of the Water Supply of the City of New York. The City of New York, Appellant; Sabah Pebcy and Emillie Maillot, Respondents.[1]
— Order amending order, in so far as appealed from, modified so as to provide for the entry thereof nunc pro tunc as of December 11,1929, and as so modified affirmed, without costs. The county clerk exceeded his authority in docketing the order of December 11, 1929, as a judgment. His signature thereon did not change the character of the document. It was always an order; never a judgment. Claimants could not have been misled by the addition of the clerk’s signature, which did not remove the proceeding from the effect of the Greater New York Charter, under which the limitation upon appeals is twenty days.[1] Lazansky, P. J., Rich, Kapper, Hagarty and Seudder, JJ., concur.
† † See Laws of 1901, chap. 466, § 505.— [Rep.