In the Matter of the Application of The City of New York, Appellant, Relative to Acquiring Title, Wherever the Same Has Not Been Heretofore Acquired for the Same Purpose in Fee to the Real Property Required for the Opening and Extending of Hempstead Avenue (Hempstead and Jamaica Plank Road) from Jamaica Avenue (Jericho Turnpike) to the Easterly City Line, Subject to the Rights, if any, of the Long Island Railroad Company and of The Jamaica Central Railways, Inc., in the Borough of Queens, City of New York, as Amended by an Order of the Supreme Court of the State of New York, Second Judicial District, Dated January 21, 1929, and Entered in the Office of the Clerk of the County of Queens January 22, 1929, so as to Provide for the Acquisition of Title to the Real Property Required for the Opening and Extending of Hempstead Avenue (Hempstead and Jamaica Plank Road) from Jamaica Avenue (Jericho Turnpike) to the Easterly City Line, Subject to the Rights, if any, of the Long Island Railroad Company and of the Jamaica Central Railways, Inc., in the Borough of Queens, City of New York, as the Said Street is Now Laid Out upon the Map or Plan of The City of New York, in Accordance with the Resolution of the Board of Estimate and Apportionment, Adopted on May 24, 1928. Red Seal Building Co., Inc., Respondent

In the Matter of the Application of The City of New York, Appellant, Relative to Acquiring Title, Wherever the Same Has Not Been Heretofore Acquired for the Same Purpose in Fee to the Real Property Required for the Opening and Extending of Hempstead Avenue (Hempstead and Jamaica Plank Road) from Jamaica Avenue (Jericho Turnpike) to the Easterly City Line, Subject to the Rights, if any, of the Long Island Railroad Company and of The Jamaica Central Railways, Inc., in the Borough of Queens, City of New York, as Amended by an Order of the Supreme Court of the State of New York, Second Judicial District, Dated January 21, 1929, and Entered in the Office of the Clerk of the County of Queens January 22, 1929, so as to Provide for the Acquisition of Title to the Real Property Required for the Opening and Extending of Hempstead Avenue (Hempstead and Jamaica Plank Road) from Jamaica Avenue (Jericho Turnpike) to the Easterly City Line, Subject to the Rights, if any, of the Long Island Railroad Company and of the Jamaica Central Railways, Inc., in the Borough of Queens, City of New York, as the Said Street is Now Laid Out upon the Map or Plan of The City of New York, in Accordance with the Resolution of the Board of Estimate and Apportionment, Adopted on May 24, 1928. Red Seal Building Co., Inc., Respondent. [MAJORITY] Final decree, in so far as appealed from, unanimgusly affirmed, with costs. No opinion. Present — Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ.