Civil Procedure · MBE-tested
In the Matter of the County of Nassau Relative to Acquiring Title to Real Property for Highway and Other Public Purposes, Peninsula Blvd. from Mill Road to Gibson Blvd., in the Town of Hempstead. Ernest Renn et al., Appellants; County of Nassau et al., Respondents
281 A.D. 1032·New York Supreme Court, Appellate Division·1953·NY
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Opinion
(May 6,1953.)
In the Matter of the County of Nassau Relative to Acquiring Title to Real Property for Highway and Other Public Purposes, Peninsula Blvd. from Mill Road to Gibson Blvd., in the Town of Hempstead. Ernest Renn et al., Appellants; County of Nassau et al., Respondents.
[MAJORITY]
— Motion for stay denied, without costs. The order appealed from, appointing commissioners of estimate and making incidental directions, is not a final order and, therefore, is not appealable. (Condemnation Law, § 19; Union Free School Dist. No. 10 of Town of Hempstead v. Baumgartner, 277 App. Div. 998, 1000; Matter of Village of Port Chester [Tunick & Sons], 279 App. Div. 941; Erie R. R. Co. v. Steward, 59 App. Div. 187.) Present — Nolan, P. J., Carswell, Adel, Wenzel and MacCrate, JJ.