
    In the Matter of the Application of The City of New York, Respondent, Relative to Acquiring Title Wherever the Same Has Not Been Heretofore Acquired for the Same Purpose in Fee, to the Lands, Tenements and Hereditaments Required for the Purpose of Establishing a Public Beach, between the Southerly Prolongation of the Easterly Side of Ocean Parkway and the Prolongation of the Westerly Line of West Thirty-seventh Street, as Said Public Beach was Laid Out upon the Map or Plan of The City of New York by Resolution Adopted by the Board of Estimate and Apportionment on the 16th day of July, 1920, and as Amended by an Order of the Supreme Court, Dated September 28, 1921, and Entered in the Office of the Clerk of the County of Kings on September 29, 1921, in the Borough of Brooklyn, City of New York. West Tenth Street Realty Corporation, Appellant.
   Decree, in so far as appealed from, unanimously affirmed, with costs. The court is of opinion that the conclusion was correct upon the basis that the land for which claim is made was lost and not claimed or regained prior to this proceeding. (Matter of City of New York [Public Beach], 230 App. Div. 299.) Present—-Lazansky, P. J., Rich, Hagarty, Carswell and Tompkins, JJ.  