Appellate Division of the Supreme Court of the State of New York June 26, 1925 (In re City of Mount Vernon)

Per Curiam:

We would affirm this judgment upon the opinion of Mr. Justice Taylor at Special Term except for the fact that we do not agree with his conclusion of law that the sole statutory authority under which this proceeding is taken is the Condemnation Law; because we think the proceedings in 1905, instituted by the railroad company for elimination of grade • crossings under former section 62