Majority
p. 741In 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 Possession of Certain Lands, Lands under Water and Lands under Water Filled in, That Are Not Now Owned by the City of New York, Together with the Riparian, Franchise and Incorporeal Rights Appurtenant to Such Lands Situated Along the Northerly Shore of Jamaica Bay in the Boroughs of Brooklyn and Queens, in the City of New York, between the Westerly Side of Byrne Place, at Canarsie, in the Borough of Brooklyn, and Westerly Side of Right of Way of Long Island Railroad (Rockaway Division) at Hamilton Beach, in the Borough of Queens, for the Improvement of the Waterfront of the City of New York, Pursuant to a Plan Heretofore Determined upon by the Commissioner of Docks and Approved by the Commissioners of the Sinking Fund. (Parcel 10.) August Walter, John C. Tabes, Harriet Ruddy, Grace Clyde and Robie S. Ruggles, Appellants; The City of New York, Respondent.
In a proceeding to condemn real property, the claimants appeal from the third separate and partial final decree dated May 24, 1935, which they assert in effect denies to them compensation for the appropriation of riparian rights. Appeal dismissed, without costs. The claimants were not parties to the proceedings resulting in the decree appealed from and, therefore, have no standing to appeal from that decree, which affected only property owners who appealed from the earlier decree entered September 27, 1928. (Matter of City of New York [Jamaica Bay], 231 App. Div. 597 .) Hagarty, Davis, Adel, Taylor and Close, JJ., concur.