Majority
p. 834
In the Matter of the Application of The City of New York, Relative to Acquiring Title, Wherever the Same Has Not Been Heretofore Acquired for the Same Purpose in Fee, the Real Property Required for the Opening and Extending of Van Wyck Boulevard (Van Wyck Avenue - Ralph Avenue) from Jamaica Avenue (Fulton Street) to Foch Boulevard and from Rockaway Boulevard (Road) to Conduit Boulevard, Subject to the Rights, if Any, of the Long Island Railroad Company, in the Borough of Queens, City of New York. Suzanne Rappaport, Appellant; The City of New York, Brookmead Realty Co., Inc., Thomas H. Heffron, Thomas J. Styles, Josephine R. Styles, Harry I. Huber, as Trustee for Fritz Breiger and Others, and Mollie Hertz, Respondents.
Appeal from order made the 19th day of September, 1938, dismissed. On appeal from order as resettled on the 2d day of November, 1938, apportioning an award in condemnation proceedings, and determining priority of liens, order affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur. [See Rappaport v. Brookmead Realty Co., Inc., post, p. 837; Id. p. 837.]