187 A.D. 355 | N.Y. App. Div. | 1919
During the pendency of this proceeding the respondent petitioned the court pursuant to the provisions of section 14 of chapter 1006 of the Laws of 1895 for an order extending the powers of the commissioners appointed herein so as to authorize, empower and require them to ascertain and determine the amount of compensation which should be justly awarded to her as the owner of a parcel of land, subsequently designated as damage parcel No. 3 herein, by reason of the closing and discontinuance of the old White Plains road, in front of and adjoining said premises. The commissioners made a final report, dated December 19, 1913, in which they awarded the respondent the sum of $4,252.81, which included interest from the date of closing to the date of the report. The report was confirmed by order entered on the 11th of November, 1914. Both the city and ‘the respondent appealed from the order of confirmation and both appeals were subsequently dismissed pursuant to a stipulation. Thereafter the respondent moved to vacate the order dismissing her appeal and the court granted the motion and reinstated the appeal. The appeal was argued and on the 13th of July, 1917, this court
It follows that the order should be reversed, with ten
Clarke, P. J., Dowling, Page and Merrell, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.