Majority
p. 747In the Matter of the Application of Edgemere Renting Office, Inc., for Refund of Certain Moneys Withheld by the Comptroller of the City of New York to Be Applied Towards Assessment for Benefit to Be Levied against Lot No. 49, Block No. 337, Benefit No. 4018, and Lot No. 48, Block No. 337, Benefit No. 4017, in the Final Decree in a Proceeding Entitled: “New York Supreme Court, Second Department. In the Matter of Acquiring Title by The City of New York for a Public Beach Extending from Jacob Riis Park to the Westerly Line of Beach 25th Street, in the Borough of Queens, City of New York.” Edgemere Renting Office, Inc., Appellant; The Comptroller of the City of New York and The City of New York, Respondents.
Resettled order vacating and setting aside an order directing the comptroller of the city of New York to pay moneys withheld by him from awards for certain damage parcels, and denying appellant’s motion for an order directing the payment of said moneys, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Tompkins, Davis and Johnston, JJ., concur.