
    In re SIMMONS et al.
    (Supreme Court, Appellate Division, Second Department.
    September 10, 1912.)
    In the matter of the application and petition of J. Edward Simmons and others, etc. Hill View Reservoir, Section No. 2, Parcel No. 119.
   PER CURIAM.

Order of confirmation affirmed, with $10 costs and disbursements.

BURR, J.,

dissents, upon the ground that the evidence is not clear that the “chute” which it is claimed gives special value to this property as a race track was in existence when the title vested in the city. There is some evidence that it was constructed afterwards.  