In the Matter of the Application of the Board of Supervisors of the County of Rockland Relative to Acquiring Title to Certain Real Property in Said County for Highway Purposes for the Highway Known as Pearl River-Nanuet Highway 9006. Board of Supervisors of the County of Rockland and Another, Appellants; Rose Leo, Respondent

In the Matter of the Application of the Board of Supervisors of the County of Rockland Relative to Acquiring Title to Certain Real Property in Said County for Highway Purposes for the Highway Known as Pearl River-Nanuet Highway 9006. Board of Supervisors of the County of Rockland and Another, Appellants; Rose Leo, Respondent. [MAJORITY] Order of the County Court of Rockland county denying the motion of the petitioner for an order vacating and setting aside a previous order made by that court amending and modifying a judgment of condemnation theretofore entered by including in said judgment the property of the respondent reversed on the law and the facts, without costs, and the matter remitted to the County Court to take such proof as to the alleged taking as the parties may offer; the determination of the appellant’s application to be relieved of its stipulation and to set aside the order and amendment of judgment based thereon to be predicated upon the decision of the basic question as to whether or not there has been such a taking of respondent’s property as is described in the stipulation. Lazansky, P. J., Young, Hagarty, Carswell and Seudder, JJ., concur.