In the Matter of the Application of The City of New York, Acting by and Through the Commissioner of Docks, Relative to Acquiring Right and Title to and Possession of Certain Lands, etc., that Are Not Now Owned by The City of New York, Together with the Riparian, Franchise and Incorporeal Rights Appurtenant to Such Lands Situated Along the Northerly Shore of Jamaica Bay in the Boroughs of Brooklyn and Queens in The City of New York, etc., for the Improvement of the Waterfront of The City of New York, Pursuant to a Plan Heretofore Determined upon by the Commissioner of Docks and Approved by the Commissioners of the Sinking Fund (Parcels 4 to 9, inclusive). The City of New York, Appellant; Frederick C. Schepperle and Others, Respondents

In the Matter of the Application of The City of New York, Acting by and Through the Commissioner of Docks, Relative to Acquiring Right and Title to and Possession of Certain Lands, etc., that Are Not Now Owned by The City of New York, Together with the Riparian, Franchise and Incorporeal Rights Appurtenant to Such Lands Situated Along the Northerly Shore of Jamaica Bay in the Boroughs of Brooklyn and Queens in The City of New York, etc., for the Improvement of the Waterfront of The City of New York, Pursuant to a Plan Heretofore Determined upon by the Commissioner of Docks and Approved by the Commissioners of the Sinking Fund (Parcels 4 to 9, inclusive). The City of New York, Appellant; Frederick C. Schepperle and Others, Respondents. [MAJORITY] Motion for leave to appeal to the Court of Appeals denied. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ.