
    In the Matter of the Application of The City of New York Relative to Acquiring Title to Property along Smith Street, West Ninth Street, Tenth Street, from Fourth Avenue to Fourth Place, in the Borough of Brooklyn, City of New York, Required for Rapid Transit Purposes, Route 109, Section 3. In the Matter of the Application of Rosario Schillaci and Carolina Schillaci for the Payment of Award Made for Damage Parcel No. 67 on the Damage Map and in the Final Decree in a Certain Proceeding, Entitled, “ In the Matter of the Application of The City of New York, Relative to Acquiring Title to Property along Smith Street, West Ninth Street, Tenth Street, from Fourth Avenue to Fourth Place, in the Borough of Brooklyn, City of New York, Required for Rapid Transit Purposes, Route 109, Section 3.” Rosario Schillaci and Carolina Schillaci, The City of New York, Comptroller of the City of New York, Salvatore Calderone, Frieda Zalmowitz, Tobias Zwerdling, Respondents; Bond and Mortgage Guarantee Corporation, agent for Bond and Mortgage Guarantee Company, in Rehabilitation, Appellant.
   Motion to resettle order of March 25, 1935 [ante, p. 102], denied, without prejudice to an application for an order of restitution directed against the respondent Frieda Zalmowitz. On the application, The City of New York, as well as said respondent, should be made a party. Present — Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ.  