
    In re BENSEL et al.
    (Supreme Court, Appellate Division, Second Department,
    November 1, 1912.)
    In the matter of the application and petition of John A. Bensel and others to acquire real estate, etc., in the towns of Mt. Pleasant and Greenburgh, etc., Southern Aqueduct Department, Consolidated Sections Nos. 15 and 17.
   PER CURIAM.

Order, in so far as appealed from, reversed, with $10 costs and disbursements, upon the authority of In the Matter of Simmons, Hill View Reservoir, Section 1, Parcel 5, 151 App. Div. 445, 135 N. Y. Supp. 921, and proceeding remitted to the Special Term to consider the application upon the merits. See, also, 137 N. Y. Supp. 374.

HIRSGHBERG, J., dissents.  