
    Board of The Black River Regulating District, Respondent, v. Wilson D. Ogsbury, Appellant.
    
      Eminent domain — condemnation proceedings — action under article VII-A of Conservation Law to acquire land required in construction of reservoir to regulate flow of Beaver and Black rivers.
    
    
      Board of Black River, etc., v. Ogsbury, 203 App. Div. 43, affirmed.
    (Argued March 12, 1923;
    decided April 17, 1923.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 24, 1922, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was brought under article V1I-A of the Conservation Law, being chapter 65 of the Consolidated Laws, as amended by chapter 463 of the Laws of 1920, to condemn a parcel of land owned by the defendant and located in the town of Webb, Herkimer county, alleged to be necessary for the construction and improvement of the Stillwater reservoir in said town, which it is proposed to construct and improve on Beaver river for the purpose of regulating the flow of the water of that river and of the Black river, of which it is a tributary, on the ground that' the same is required for the welfare of the public and for the improvement of the hydraulic powers on the said rivers from the said reservoir to the mouth of Black river where it falls into Lake Ontario.
    
      Henry Purcell and A. H. Cowie for appellant.
    
      Nathan L. Miller and H. Bartow Farr for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, McLaughlin, Crane and Andrews, JJ. Absent: Pound, J.  