Opinion
May 25, 1942.
On the court's own motion, the decision of this court handed down May 18, 1942 [ ante, p. 784], is amended to read as follows: In a condemnation proceeding, order entered on motion to determine the validity and priority of various claims or liens affecting the award for Damage Parcels 9 to 13, inclusive, and for other relief, modified on the law as follows: 1. By striking out subdivision (1) of the first ordering paragraph and subdivision (1) of the second ordering paragraph and in place thereof inserting a provision that taxes and penalties be computed to the date of payment of the taxes. 2. By striking from subdivision (3) of the first ordering paragraph the words "To the Treasurer of The City of New York pending further order of this Court" and substituting in place thereof the words "To Samuel Frank, the second mortgagee," and by striking from said subdivision the figures "$64,877.99" and substituting in place thereof the figures "$70,000." 3. By striking from subdivision (3) of the second ordering paragraph the figures "$9,634.15" and substituting in place thereof the figures "$10,000." As so modified, the order, in so far as appealed from, is affirmed, with ten dollars costs and disbursements to appellant Frank, payable by respondent-appellant City of New York. (See Matter of City of New York [ Rockaway Beach], 288 N.Y. 51.) Lazansky, P.J., Carswell, Johnston, Adel and Close, JJ., concur. Settle order on notice.