
    The People of the State of New York, Appellant, v. Clarence L. Fisher et al., Respondents.
    
      Real property — title — eminent domain — acquisition by state of land for “ Forest Preserve ”— consent of governor required by statute must be matter of record and not rest in parol — where consent was merely oral proceeding without jurisdiction and title does not vest.
    
    
      People v. Fisher, 189 App. Div. 148, affirmed.
    (Argued May 8, 1922;
    decided May 31, 1922.)
    Appeal from a judgment, entered May 23, 1921, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The action was brought under sections 1496-1524 of the Code of Civil Procedure to obtain a judicial determination as to the validity of the state’s title to land in Herkimer county appropriated under chapter 130 of the Laws of 1908 for the “ Forest Preserve.” The statute in question (section 44) provides: “ Lands shall not be purchased or acquired * * * except with the consent of the governor.” The Appellate Division held that this consent should be a matter of record, and not rest in parol and where the proceeding was instituted upon mere oral consent of the governor it was without jurisdiction and title did not vest.
    
      Charles D. Newton, Attorney-General (A. F. Jenks of counsel), for appellant.
    
      Elon R. Brown and Henry Purcell for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: IIiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  