Majority
p. 1009
In the Matter of the Application of the Municipal Housing Authority for the City of Yonkers, Respondent, against Edward L’Estrange Phipps, Appellant, Peoples Savings Bank of Yonkers and Others, Defendants, Relative to Acquiring, by Eminent Domain, Title to and Possession of Certain Lands and Premises Situated in the City of Yonkers, County of Westchester and State of New York, Hereinafter More Fully Set Forth and Which Said Premises Are Included within the Mulford Project, N. Y. 3-1, Pursuant to the Power and Authority of the Municipal Housing Authorities Law, Being Article 5 of the State Housing Law.
Appeal by the owner, appearing specially, from an order for possession and demolition of certain real property being condemned pursuant to section 70 of the State Housing Law, as amended by chapter 218 of the Laws of 1938. Order affirmed, with ten dollars costs and disbursements. It is conceded that the mortgagee of the premises, a necessary party, bad been served prior to the application for the order appealed from. The proceeding for condemnation was, therefore, pending and the order was properly granted. Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ., concur.