122 N.Y.S. 320 | N.Y. Sup. Ct. | 1909
To refuse to confirm the report of commissioners in condemnation proceedings, and to "send the matter back to new commissioners for hearing and report, is a course' which should be followed only when an imperative need for such action exists. But a careful examination of this record satisfies me, not only that the findings of the majority of the commission cannot be confirmed, but that the interests of justice require that they should not be permitted to again pass on the matters involved herein. The minority member made a separate report, which, of course, cannot be acted on by the court, as the only report recognized is such as the majority of the commission sign. But by it he disassociated himself from the action of the majority, and is not chargeable with any participation in their doings. I do not, however, believe that it would be fair to designate him to serve again, as he has formed and expressed his opinion on the merits, as evidenced by his minority findings.
Motion to confirm report denied. The. entire matter will be referred to new commissioners, with instructions to proceed from day to day, if possible, until the same is disposed of. Settle order on notice.