Majority
p. 1069In the Matter of Samuel Kessler, Respondent, against Paul E. Schmittman, as Highway Superintendent of the Town of Putnam Valley, et al., Appellants.
Pinal order, in a proceeding under article 78 of the Civil Practice Act, prohibiting the respondent highway superintendent from assessing the cost of removal of a stone wall from petitioner’s property as an obstruction to the adjoining roadway, unanimously affirmed, with $50 costs and disbursements. No opinion. Present — Nolan, P. J., Johnston, Adel, Sneed and MacCrate, JJ.