In the Matter of Acquiring Title by The City of New York to Certain Real Property Extending from the Marginal Street, Wharf or Place at East 92d Street, in the Borough of Brooklyn, to the Sunrise Highway, in the Borough of Queens to Be Known as Shore Parkway, Duly Selected as a Site for Park Purposes and Approved According to Law. Boardwalk Stores Corporation, Respondent, Appellant; The City of New York, Appellant, Respondent

In the Matter of Acquiring Title by The City of New York to Certain Real Property Extending from the Marginal Street, Wharf or Place at East 92d Street, in the Borough of Brooklyn, to the Sunrise Highway, in the Borough of Queens to Be Known as Shore Parkway, Duly Selected as a Site for Park Purposes and Approved According to Law. Boardwalk Stores Corporation, Respondent, Appellant; The City of New York, Appellant, Respondent. [MAJORITY] Appeal by the city of New York and cross-appeal by Boardwalk Stores Corporation from the final decree in a condemnation proceeding. On appeal by Boardwalk Stores Corporation, decree, in so far as appealed from, unanimously affirmed, with costs. No opinion. Pursuant to stipulation the appeal of the city of New York is withdrawn and discontinued, without costs. Present — Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ.