In re Acquiring Title by the City of New York

Majority

p. 731

In the Matter of Acquiring Title by The City of New York, Appellant, to Certain Lands and Premises Located on Ireland Mill Road, Near Rodman Street, etc., in the Borough of Queens, County of Queens, City and State of New York, Duly Selected as a Site for Use of the Bureau of Highways, etc., According to Law. The National City Bank of New York, as Trustee under the Last Will and Testament of Alice C. McCoy, Deceased, Respondent.

Supplementing the decision herein dated April 2, 1935 [ante, p. 730], the motion to correct the final decree by substituting the executors of Alice G. McCoy, deceased, as parties respondent in the place of The National City Bank of New York is denied. The application of the moneys involved herein is a matter for the determination of the Surrogate’s Court. Present — Lazansky, P. J., Hagarty, Tompkins, Davis and Johnston, JJ.