Majority
p. 832In the Matter of the Application of John W. Cornish, Respondent, for a Peremptory Mandamus Order Directing Arthur J. W. Hilly, as Corporation Counsel or Chief Law Officer of the City of New York, Appellant, to Institute Proceedings Pursuant to Chapter 1006 of the Laws of 1895, etc., to Determine the Compensation for the Damage by Reason of the Closing of Old Third Avenue, Formerly Old Fordham Avenue, in the Borough of The Bronx, City of New York.
Order affirmed, with ten dollars costs and disbursements, on the ground that so far as this record discloses, title to the strip of land in question is not vested in the petitioner. Present — Finch, P. J., McAvoy, Martin, O’Malley and Townley, JJ.