Majority
p. 890In the Matter of the Application and Petition of The City of New York, Appellant, to Acquire Certain Real Estate at Mohansie Lake and Little Mohansic 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. Sarah Percy and Emelie Maillot, Respondents. —
Order vacating and setting aside order of confirmation of commissioners’ report and refusing to confirm said report and directing a new hearing, reversed upon the law and the facts, with costs, and motion for reargument denied. We do not hold that the court was without power to make the order appealed from, but are of opinion that the reasons given by the learned Special Term justice upon the motion made to confirm the report of the commissioners were correct. Lazansky, P. J., Kapper, Carswell, Seudder and Davis, JJ., concur.