238 A.D. 839 | N.Y. App. Div. | 1933
The claimant’s title may not be sustained on the language respecting land under water, contained in the Tracey deed. (Nevins v. Friedauer, 198 App. Div. 250.) The Nevins case concerned land to the north of Neptune avenue and involved many other factors not here present. It was there noted that title to similar land south of Neptune avenue was not contested by the city. The holding in that case, therefore, is not decisive of this case, except in so far as concerns the naked effect of the language in the Tracey deed. The claimant’s title herein to the school site can be sustained on several grounds. One suffices — to wit, that the school site is within the description of upland in the Tracey deed as a consequence of the doctrine of accretion. The town of Gravesend, acting in its governmental capacity in laying out Neptune avenue, could not deprive the upland owner of lot 46 of his riparian rights, which enabled the upland owner to have the full benefit of accretion, which was accelerated by the acts of the town in laying out Neptune avenue. Either or both of these causes resulted in the mean high-water line of Gravesend bay being to the north of Neptune avenue on May 1,
Pursuant to the provisions of rule 1 of the Rules of Civil Practice, LeRoy N. Mills, Esq., residing at Hartsdale, in the county of Westchester, is hereby appointed a member of the committee on character and fitness of applicants for admission to the bar in and for the Ninth Judicial District, in place of Burton C. Meighan, deceased, to serve on such committee during the pleasure of the court; such appointment to take effect March 1, 1933. Present — Lazansky, P. J., Young, Carswell, Scudder, Tompkins and Davis, JJ.