In the Matter of the Application of the City of New York, Respondent, Relative to Acquiring Title to East One Hundred and Seventy-eighth Street, from La Fontaine Avenue to Hughes Avenue. George Pumphrey et al., as Executors of Mary S. Pumphrey, Deceased, et al., Appellants

In the Matter of the Application of the City of New York, Respondent, Relative to Acquiring Title to East One Hundred and Seventy-eighth Street, from La Fontaine Avenue to Hughes Avenue. George Pumphrey et al., as Executors of Mary S. Pumphrey, Deceased, et al., Appellants. (Argued January 8, 1906; decided January 23, 1906.) Matter of City of New York (E. 178th St.), 107 App. Div. 22, affirmed. Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered September 23, 1905, which affirmed an .order of Special Term confirming the report of commissioners of estimate and assessment in the above-entitled proceedings. John C. Shaw and Joseph S. Frank for appellants. John J. Delany, Corporation Counsel (Theodore Connoly, John P. Dunn and Thomas O. Blake of counsel), for respondent. [MAJORITY] Order affirmed, with costs, on opinión below. Concur: Gullen, Oh. «L,' O’Brien, Haight,Vann, Werner, Willard Bartlett and Hiscook, JJ.