
    In the Matter of the Application and Petition of John A. Bensel and Others, Constituting the Board of Water Supply of the City of New York, to Acquire Real Estate, etc., in the Towns of Mount Pleasant and Greenburg, etc. (Southern Aqueduct Department, Consolidated Sections Nos. 15 and 17). Alexander Smith Cochran, Appellant; The City of New York, Respondent.
   Order in so far as appealed from reversed, with ten dollars costs and disbursements, upon the authority Of Matter of Simmons. (Hill View Reservoir, Sec. No. 1) (151 App. Div. 444), and proceeding remitted to the Special Term to consider the application upon the merits. Burr. Thomas, Woodward and Rich, JJ., concurred; Hlrschberg, J., dissented,  