Majority
p. 799In the Matter of the Application of The City of New York Relative to Acquiring Title to a Public Beach Extending from Jacob Riis Park to the Westerly Line of Beach Second Street, Far Rockaway, in the Borough of Queens, City of New York. Roche’s Beach, Inc., Appellant; City of New York, Respondent.
On argument, order dated January 17, 1936, settling proposed case on appeal, and order dated February 24, 1936, denying motion for resettlement of proposed case on appeal, affirmed, without costs, with leave to have the issue considered on the main appeal. Lazansky, P. J., Hagarty, Carswell, Davis and Taylor, JJ., concur. Settle order on notice.