Majority
p. 740In the Matter of Acquiring Title to Cross Island Parkway from Cross Island Boulevard at 155th St. to Laurelton Parkway at 120th Ave., Excepting Therefrom the Lands Owned by The City of New York or the State of New York and Acquired for Any Purpose-Whatsoever, and Lands Owned by the Long Island Railroad Company in Use as a Normal Right-of-Way, and Lands of the Belmont Park Branch Operated by the Long Island Railroad Company and Lands Owned by the New York and Queens Gas and Electric Company (Consolidated Edison Co.) in the 3rd and 4th Wards, Borough of Queens, City of New York. John Golden, Appellant; The City of New York, Respondent.
In a condemnation proceeding, the appeal is by a claimant from so much of the final decree which awards $22,000 for the taking of eight damage parcels. Decree, in so far as appealed from, unanimously affirmed, with costs. On this record it may not be said that the court at Special Term made the awards under the so-called “ Fourth Avenue rule,” which is not applicable. It should also be noted that the awards for the parts taken are in excess of the value fixed by the owner in the several tax certiorari proceedings. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ.