
    In the Matter of the Opening, etc., of Brook Avenue, from East One Hundred and Sixty-fifth Street and Webster Avenue to Wendover Avenue in the City of New York. Bernard Schweizer, Appellant; Mary A. Baxter, Respondent.
    
      Matter of Brook Avemie, 40 App. Div. 519, affirmed.
    (Argued November 21, 1899;
    decided December 5, 1899.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, dated May 21, 1899, affirming an order of Special Term confirming the féport of a referee directing the payment, of ah award foi* land taken by the city of New York for Brook avenue.
    
      Joseph A. Flannery for appellant.
    
      Barclay E. V. McCarty and Jared G. Baldwin, Jr., for respondent.
   Order affirmed, with costs, on opinion below.

All concur.  