County of Orange, Respondent, v. Storm King Stone Company and Philip A. Mosman, as Trustee, Appellants, and Another, Defendant

County of Orange, Respondent, v. Storm King Stone Company and Philip A. Mosman, as Trustee, Appellants, and Another, Defendant. [MAJORITY] Motion for leave to appeal to the Court of Appeals granted, and the following questions certified: 1. Was Edward J. Collins, of Newburgh, N. Y., who, during all the time he acted as commissioner of appraisal in this proceeding, was the owner of real estate in and a taxpayer of the county of Orange, a disinterested person and qualified to act as such commissioner, within the .meaning of section 151 of the Highway Law? 2. If the status of Edward J. Collins as a taxpayer of Orange county disqualifies him to act as a commissioner of appraisal herein, was it competent for the defendant to waive such disqualification? 3.- Do the acts of the defendant, as shown by the record, constitute a waiver of such disqualification? .Present — Mills, Putnam, Blaekmar, Kelly and Jaycox, JJ.