In the Matter of the Application of Charles Henry Romer, as Executor, etc., of Elgiva E. Romer, Deceased, Respondent, for a Peremptory Mandamus Order Directing Arthur J. W. Hilly, as Corporation Counsel or Chief Law Officer of the City of New York, Appellant, to Institute Proceedings, etc., to Determine the Compensation for the Damage by Reason of the Closing of Old Third Avenue, Formerly Old Fordham Atenue, in the Borough of The Bronx, City of New York

In the Matter of the Application of Charles Henry Romer, as Executor, etc., of Elgiva E. Romer, Deceased, Respondent, for a Peremptory Mandamus Order Directing Arthur J. W. Hilly, as Corporation Counsel or Chief Law Officer of the City of New York, Appellant, to Institute Proceedings, etc., to Determine the Compensation for the Damage by Reason of the Closing of Old Third Avenue, Formerly Old Fordham Atenue, in the Borough of The Bronx, City of New York. [MAJORITY] Order affirmed, with ten dollars costs and disbursements. No opinion. Present — Finch, P. J., Merrell, McAvoy, Martin and Sherman, JJ.