
    In the Matter of the Application of J. Edward Simmons et al., Constituting the Board of Water Supply of the City of New York, Respondents, to Acquire Real Estate in the Town of Hurley. James P. McGovern, Appellant. (Proceedings Nos. 1 and 2.)
    
      Matter of Simmons, 130 App. Div. 350, 356, affirmed.
    (Argued April 27, 1909;
    decided May 11, 1909.)
    Appeal in each of the above-entitled proceedings from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 22, 1909, which affirmed an order of Special Term confirming the report of commissioners of appraisal appointed therein.
    
      I). Cady Ilerrick, Edward A. Alexander and Jerome H. Euck for appellant.
    
      Francis K. Pendleton, Corporation Counsel {John J. Lin-son and Howard Chipp of counsel), for respondents.
   Orders affirmed, with costs; no opinion.

Concur: Gray, Edward T. Bartlett, Haight, Yann, Werner, Willard Bartlett and Chase, JJ.  