In the Matter of the Application of Bronx Parkway Commission, Appellant, to Acquire Title to Lands of The Garth Estates, Respondent, and Others. (Proceeding No. 4-A.)

In the Matter of the Application of Bronx Parkway Commission, Appellant, to Acquire Title to Lands of The Garth Estates, Respondent, and Others. (Proceeding No. 4-A.) Order affirmed, with ten dollars costs and disbursements, except the commissioners of appraisal shall be by our order restrained from taking and filing their oaths within thirty days after the entry of that order, to afford the appellant opportunity to institute proper action, either to amend this proceeding or to bring a new one, to be consolidated with this, as it may be advised, so as to include in the proceeding the three other parcels of respondent’s lands referred to in the moving papers, as well as the parcels now embraced in the petition, with leave to the appellant, if such action shall be promptly taken, to apply at Special Term for a further stay of the taking and filing of such oaths, if necessary, until such enlargement of the proceeding has been effected. [MAJORITY] Jenks, P. J., Mills, Rich, Blaekmar and Kelly, JJ., concurred. Order to be settled before Mr. Justice Mills.