Majority
p. 814In the Matter of the Application of The City of New York, Relative to Acquiring Title Wherever the Same Has Not Been Heretofore Acquired for the Same Purpose in Fee, to the Lands, Tenements and Hereditaments Required for the Purpose of Opening and Extending Surf Avenue from West Fifth Street to West Thirty-seventh Street, in the Borough of Brooklyn, City of New York. The City of New York, Appellant; E. M. A. Realty Co., Inc., and Others, Respondents.
Motion to dismiss appeal denied upon condition that appellant perfect the appeal for the May term (for which term the case is set down) and be ready for argument when reached; otherwise, motion granted, with ten dollars costs. Present ■ — ■ Lazansky, P. J., Kapper, Carswell, Seudder and Davis, JJ.