
    In the Matter of Opening Ditmars Avenue from Forty-third Street to Astoria Avenue, etc., Borough of Queens, City of New York. Petition of Navahoe Realty Company, Appellant; City of New York, Respondent.
    — Order reversed, with ten dollars costs and disbursements, and motion granted with ten dollars costs. We think this case should be distinguished from Matter of Nunez (226 N. Y. 246), upon the ground that in that case the conveyance was made after the confirmation of the report of the commissioners, whereas in this case the conveyance was made before such confirmar tion. The expression of the opinion in that case indicates that the test is the condition at the time of the conveyance, viz.: “Not common ownership thereafter [meaning after confirmation] but common ownership then, [meaning at the time of confirmation] is the tie that links together assessment and award.”
   Jenks, P. J., Mills, Rich, Blaekmar and Kelly, JJ., concur.  