Majority
p. 734In the Matter of the Application of The City of New York, Acting by and through the Commissioner of Docks, Relative to Acquiring Right and Title to and Possession of Certain Real Property, etc., Situated Along the Westerly and Northerly Shores of Jamaica Bay, in the Borough of Brooklyn, in the City of New York, at Bergen Beach and Adjacent to Paerdegat Basin, etc., for the Construction of a Marginal Street, Wharf or Place Thereon, Pursuant to Plans Heretofore Determined upon by the Commissioner of Docks and Approved by the Commissioners of the Sinking Fund. Warren Leslie and Others, Appellants; The City of New York, Respondent; Arthur J. W. Hilly, Intervenor.
Motions for reargument denied, without costs. Motions for leave to appeal to the Court of Appeals granted. [See 247 App. Div. 449 .] The following question is certified: On the record, did the Supreme Court have the power to make the order herein as modified by the Appellate Division? Present — Lazansky, P. J., Young, Carswell, Johnston and Taylor, JJ.