
    In the Matter of the Application of County of Westchester by Westchester County Park Commission, Organized and Existing under and in Pursuance of Chapter 292 of the Laws of 1922 of the State of New York, and the Acts Amendatory Thereof and Supplemental Thereto, Appellant, to Acquire Title to Lands of Anna E. MacEwen and City of New Rochelle, Respondents, and Others, Defendants.
   Order reversed on the law, with ten dollars costs and disbursements. In our opinion the learned Special Term was without power to make the order appealed from. The claimant, MacEwen, cannot, in our opinion, have the validity of the Zoning Ordinance of the City of New Rochelle determined in this proceeding. Her remedy is by the institution of an action for a declaratory judgment. (See Dowsey v. Village of Kensington, 257 N. Y. 221, 225.) Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.  