*1 556 MEMORANDA. 243 [Yol. v. The Respondent, Rockaway Corporation, Pacific Appellant. York, New of State City v. York, Appellant, New The State of New of

York, Respondent. n — purposes by appropriation lands State Eminent domain of for of n —title to award. defense 843, App. York, 214 Div. Rockaway Corp. State New v. of Pacific * affirmed. (Argued 13, 1926; July 9, 1926.) May decided a actions, in the from each of above-entitled Appeal, Court judgment Supreme of the the Appellate Division of 6, in judicial department, third entered October the Court of Claims 1925, judgment which affirmed a of the the Rockaway the was adjudging Corporation that Pacific in the in fee of Rockaway peninsula owner lands on to county Queens, appropriated by pursuant of the State 1917, the amended chapter by chapter 13 of Laws of as 1917, 130 of the Laws of and to award any was entitled dismissing that should be made and the claim of therefor city the of New the of lands York for value under water and of to it. by certain islands claimed have been owned P.

George Nicholson, Corporation (Willoughby Counsel B. counsel), City York, Dobbs of of appellant. for New Ottinger, Attorney-General (James

Albert of Gibson counsel), York, for State of and respondent. New appellant

Gordon M. Buck respondent. for Judgment affirmed; costs; with opinion. no His cock, McLaugh- J., Cardozo, Concur: Ch. Pound, J, JJ. and Absent: lin, Crane Lehman, Andrews,