Opinion
June, 1917.
Order reversed, with ten dollars costs and disbursements, and petition dismissed, with costs, upon the ground that within the doctrine of Farrington v. City of Mount Vernon ( 166 N.Y. 233) no prior established grade of said Ocean avenue existed; in other words, that the court at Special Term should have found the village's requests to find numbered 2, 4, 6 and 7, and should have allowed proposed conclusions of law numbered I, II and III, all of which this court hereby does find and allow. Jenks, P.J., Stapleton, Mills, Putnam and Blackmar, JJ., concurred.