Majority
p. 760In the Matter of Acquiring Title by The City of New York to Certain Lands and Premises Located on the Southwesterly Side of Benson Avenue between Bay Twenty-second and Bay Twenty-third Streets, in the Borough of Brooklyn, Duly Selected as a Site for School Purposes According to Law. William T. Smith, Appellant; The City of New York, Respondent.
Order dated October 21, 1930, reversed upon the law and the facts, without costs, and appellant’s bill of costs and expenses fixed at the sum of $2,500, as audited by the auditor of accounts and certified by the comptroller. We are of opinion that such sum is a fair and reasonable compensation for appellant. In view of the disposition of the appeal from this order, the appeal from the order of June 6, 1929, is dismissed. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.