City of Syracuse v. Stacey — 93 N.Y. Sup. Ct. 619

Majority

p. 619

The City of Syracuse, Respondent, v. Richard M. Stacey, Leonard H. Earll, The Glenside Woolen Mills, Central New York Electric Light and Power Company, Simon D. Paddock, George Barrow and Others, Appellants.

Order denying motion to send back to the commissioners of appraisal herein the report made by them on May 7,1894, vacated and set aside, without costs to either party.—

Having at this term reached the conclusion, for the reasons stated in the opinion of Hardin, P. J., in The City of Syracu s v. Richard M. Stacey and Others,* that the judgment and order ap

p. 620

pointing the commissioners should he reversed and appraisal vacated .and the order of confirmation reversed, it is unnecessary to pass upon the questions presented by the appeal herein, ana the order should be vacated and set aside. Order denying motion to send back to the commissioners of appraisal herein the report made by them on Slay 7, 1894, vacated and set aside, without •costs to either party upon this appeal. Present — Hardin, J?. J., Martin and Blerwin, JJ.