CITY OF SYRACUSE v. SKANEATELES PAPER CO. et al.(Supreme Court, General Term, Fourth Department.Headnote
Appeal from special term, Onondaga county.Proceeding by the city of Syracuse against the Skaneateles Paper Company, the Lakeside Paper Company, Forest G. Weeks, Sarah A. Weeks, Richard M. Stacey, Mary R. Stacey, Leonard H. Earll, Harriet E. Earll, the Glenside Woolen Mills, Central New York Electric Light & Power Company, Simon D. Paddock, Charles Barrow, and Caroline M. Barrow, impleaded, to condemn real estate. From an order made on the 19th of May, 1894, “denying the motion of said defendants and others to vacate and set aside the decision, judgment, and order in said proceeding, and the appointment of commissioners therein, and dismissing the proceedings and petition therein, and for other and further relief, and from the whole of said order,” defendants appeal.
Argued before HARDIN, P. J., and MARTIN and MERWIN, JJ.George Barrow, Knapp, Nottingham & Andrews, and Chas. A. Hawley, for appellants.
Charles L. Stone, W. A. Beach, and George N. Kennedy, for respondent.
Inasmuch as the conclusion has been reached by this court in the case of City of Syracuse v. Stacey, 33 N. Y. Supp. 929 , for the reasons stated in the opinion of HARDIN, P. J., therein, that the judgment and order appointing commissioners, and the order of confirmation of their report, should be reversed, and the appraisal vacated, as will more fully appear by reference to the order made in accordance with the opinion in that case, it is deemed unnecessary to consider the merits of the appeal from the order denying the motion made by the defendants to vacate and set aside the decision and judgment and orders in said proceeding; and therefore the appeal from the order herein referred to is dismissed, without costs to either party. Appeal dismissed, without costs to either party.