Majority
p. 521In the Matter of the Application of The Board of Transportation of the City of New York, Acting for and on Behalf of the City of New York, Relative to Acquiring Certain Real Property Situated and Located Generally Within and Bounded by West Two Hundred and Seventh Street, Ninth and Tenth Avenues, West Two Hundred and Sixteenth Street and the Harlem River, City of New York, for the Construction, Maintenance and Operation of a Municipal Rapid Transit Railroad Yard. City of New York, Appellant; Alice A. Post, Claimant, Respondent.
Proceeding instituted by the city of New York for the purpose of acquiring title to certain lands and premises for construction, maintenance and operation of a municipal rapid transit railroad yard. Order granting claimant’s motion to vacate final decree dated July 15, 1932, in so far as it affects damage parcel No. 49, and setting matter down for a further hearing, unanimously affirmed, with twenty dollars costs and disbursements. No opinion. Present — Martin, P. J., Merrell, Townley, Glennon and Untermyer, JJ.