In the Matter of the Application of County of Westchester, by Westchester County Park Commission, Organized and Existing under and in Pursuance of Chapter 292 of the Laws of 1922 of the State of New York and the Acts Amendatory Thereof and Supplemental Thereto, Appellant, to Acquire Title to Lands of John A. Miller and Pearl Miller, His Wife, Respondents, and Others, Defendants

In the Matter of the Application of County of Westchester, by Westchester County Park Commission, Organized and Existing under and in Pursuance of Chapter 292 of the Laws of 1922 of the State of New York and the Acts Amendatory Thereof and Supplemental Thereto, Appellant, to Acquire Title to Lands of John A. Miller and Pearl Miller, His Wife, Respondents, and Others, Defendants. [MAJORITY] Order in condemnation proceedings in so far as it denies that part of a motion, made by the county of Westchester, which asks to offset against the interest due on the award an amount as rent for the use and occupation of the property taken equal to the interest on the award from the 26th day of March, 1928, the date of vesting title, to the 31st day of January, 1934, unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Hagarty, Seudder, Tompkins and Davis, JJ.