Order reversed, with costs, and matter remitted to the Special Term for the appointment of commissioners of appraisal, upon the authority of Matter of Staub v. Village of Mamaroneck (165 App. Div. 755). A11 concurred, except Kruse, P. J., who dissented upon the grounds stated in his dissenting memorandum in the case of Matter of Lester v. Village of Blasdell (167 App. Div. 947).