Majority
In the matter of the application of the Terminal Station Commission of the City of Buffalo for the appointment of appraisers to ascertain the compensation to be paid to owners of lands taken for relocation of Ohio street and owned by Isaac A. Aldrich, Charles H. McCutcheon, and others.
Order modified, so as to direct a stay of proceedings in the severed proceeding against the appellant, Charles H. Mc-Outcheon, only until the close of the present term of this court, and if the appeal of said McCutcheon in the said action, in which he is plaintiff and the Terminal Station Commission of the City of Buffalo and others are defendants, is argued or submitted at the present term of this court, then such stay to continue until the decision of such appeal, and, as so modified, the order is affirmed, without costs of this appeal to either party.