In the Matter of the Application of The City of New York, Respondent, Relative to Acquiring Title, etc., for the Purpose of Establishing a Public Beach, etc. West Tenth Street Realty Corporation, Appellant

In the Matter of the Application of The City of New York, Respondent, Relative to Acquiring Title, etc., for the Purpose of Establishing a Public Beach, etc. West Tenth Street Realty Corporation, Appellant. [MAJORITY] Order denying motion to resettle ease on appeal reversed upon the facts, without costs, and motion granted, without costs. While as at present advised this court is of opinion there is no relation between the matter sought to be inserted in the case on appeal and the claim of the appellant, the questions involved are so intricate that it is deemed advisable to permit the matter to be printed as a part of the record. Lazansky, P. J., Rich, Young, Seeger and Carswell, JJ., concur.