In re The Mayor — 196 N.Y. 513

Majority

p. 513

In the Matter of the Application of The Mayor, Aldermen and Commonalty of the City of New York, Relative to Acquiring Title to Lands for the Purpose of Opening Anthony Avenue. The City of New York, Appellant; The New York Telephone Company et al., Respondents.

Headnote

Matter of Mayor, etc., of New York, 124 App. Div. 940 , affirmed.

(Submitted May 31, 1909;

decided October 12, 1909.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 20,1908, which affirmed an order of Special Term confirming

p. 514

the report of commissioners of estimate and assessment in the above-entitled proceeding.

Francis K. Pendleton, Corporation Coimsel (Theodor'e Connoly, John P. Dunn, Thomas C. Blake and James R. Fitz Gerald of counsel), for' appellant.

Melmille Fgleston and H. H. Brigham for New York Telephone Company, respondent.

Henry J. Hemmens and Charles I. Taylor for New York Edison Company, respondent.

John A. Garner for Northern Union Gas • Company, respondent.

Order affirmed, with costs ; no opinion.

Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Haight, Yann, Werner and Hisoook, JJ.