
    In the Matter of the Application of Town or New Castle, Respondent, to Acquire Title to Lands of Romolo Cascioli, Appellant, and Others, Defendants.
   Order reversed on the law and the facts, with costs, and motion for confirmation of the report of the commissioners granted, with taxable costs and disbursements and an extra allowance to the appellant of five per cent upon the award. In our opinion, it cannot be said that the award is excessive or that any erroneous theory was adopted or followed by the commissioners of appraisal. Lazansky, P. J., Young, Kapper, Scudder and Tompkins, JJ., concur.  