City of Syracuse v. Skaneateles Paper Co. — 67 N.Y. St. Rep. 718

Majority

p. 718

City of Syracuse, Resp’t, v. Skaneateles Paper Company et al., App’lts.

(Supreme Court, General Term, Fourth Department,

Filed May 4, 1895.)

Headnote

Appeal from an order made on the 19th day of May, 1894, “denying the motion of said defendants and others to vacate and:

p. 719

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.”

George Barrow Knapp, Nottingham & Andrews, and Chas. A, Hawley, for app’lts ; Charles L. Stone, W. A. Beach, and George N. Kennedy, for resp’t.

Inasmuch as the conclusion lias been reached by this court in the case of City of Syracuse v. Stacey, 67 St. Rep. 704 , 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.