Majority
p. 922In the Matter of the Petition of George F. Thompson and Grace J. Thompson, Appellants, for an Order Pursuant to Article 78, Civil Practice Act, Requiring the Board of Supervisors of Schoharie County, Respondent, to Secure from the Petitioners Certain Rights and Easements by Purchase, or in the Alternative to Acquire the Same by Condemnation.
Order dismissing petition reversed, on the law and facts, with fifty dollars costs, and matter remitted to the Special Term for issuance of an order in the nature of alternative mandamus as prescribed under section 1295 of the Civil Practice Act. Hill, P. J., Crapser, Bliss, Heffernan and Schenck, JJ., concur.