Majority
p. 1141In re MORRIS ST. In the matter of laying out and opening Morris street, in the city of Yonkers. (Supreme Court, Appellate Division, Second Department. January 29, 1904.)
Motion to dismiss appeal denied. It is evident that the delay in perfecting the appeal in this matter has been due to a misunderstanding as to the proper method! of preparing the appeal papers. There is no necessity of any settlement of a case either before the court or referee. The appeal book should consist simply of the papers which are recited in the order appealed from, including, of course, the testimony which was taken before the referee.