In the Matter of the Application of Hoyt Avenue Gardens, Inc., Petitioner, for a Peremptory Mandamus Order against Arthur J. W. Hilly, Corporation Counsel of the City of New York, Defendant, Directing Said Arthur J. W. Hilly, as Corporation Counsel of the City of New York, to Forthwith Serve upon All Parties or Their Attorneys Who Have Appeared in a Certain Proceeding Entitled: " In the Matter of Acquiring Title by The City of New York to Certain Lands and Premises Situated in Nineteenth Street (Barclay Street), Twenty-fifth Avenue (Hoyt Avenue), Twenty-first Avenue (Van Alst Avenue), Twenty-third Street (Hallett Street), Twenty-fourth Street (Howland Street), Crescent Street, Merchant Street, Twenty-seventh Street (Goodrich Street), Twenty-eighth Street (Chauncey Street,) Twenty-ninth Street (Lawrence Street) and Thirty-first Street (Second Avenue), in the Borough of Queens, City of New York, Duly Selected as a Site for the Triborough Bridge by the Department of Plant and Structures and Approved by the Board of Estimate and Apportionment, According to Law," a Notice of Trial of Said Proceeding and to File a Note of Issue with the Clerk of the Supreme Court of Queens County in Which the Trial of Said Proceeding Is to Be Had, Pursuant to the Law in Such Case Made and Provided. Hoyt Avenue Gardens, Inc., Appellant; The City of New York, Respondent

In the Matter of the Application of Hoyt Avenue Gardens, Inc., Petitioner, for a Peremptory Mandamus Order against Arthur J. W. Hilly, Corporation Counsel of the City of New York, Defendant, Directing Said Arthur J. W. Hilly, as Corporation Counsel of the City of New York, to Forthwith Serve upon All Parties or Their Attorneys Who Have Appeared in a Certain Proceeding Entitled: “ In the Matter of Acquiring Title by The City of New York to Certain Lands and Premises Situated in Nineteenth Street (Barclay Street), Twenty-fifth Avenue (Hoyt Avenue), Twenty-first Avenue (Van Alst Avenue), Twenty-third Street (Hallett Street), Twenty-fourth Street (Howland Street), Crescent Street, Merchant Street, Twenty-seventh Street (Goodrich Street), Twenty-eighth Street (Chauncey Street,) Twenty-ninth Street (Lawrence Street) and Thirty-first Street (Second Avenue), in the Borough of Queens, City of New York, Duly Selected as a Site for the Triborough Bridge by the Department of Plant and Structures and Approved by the Board of Estimate and Apportionment, According to Law,” a Notice of Trial of Said Proceeding and to File a Note of Issue with the Clerk of the Supreme Court of Queens County in Which the Trial of Said Proceeding Is to Be Had, Pursuant to the Law in Such Case Made and Provided. Hoyt Avenue Gardens, Inc., Appellant; The City of New York, Respondent. [MAJORITY] Order denying motion for a peremptory mandamus order affirmed in the exercise of discretion, with costs. No opinion. Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ., concur.