Opinion
March 15, 1971
In a condemnation proceeding, the appeal is from an order of the Supreme Court, Queens County, dated June 10, 1970, which granted the condemnor's motion to correct the final decree. Order reversed, on the law, with $10 costs and disbursements, and motion denied. The findings of fact, if any, are not affirmed. The order appealed from granted the condemnor's motion to correct the terms of a final decree so as to provide that the condemnation award for appellant's parcel was for land and improvements and not only for land. Such relief, affecting as it did the substantial rights of the parties as fixed by the decree, was improperly granted ( Herpe v. Herpe, 225 N.Y. 323, 327). Munder, Acting P.J., Shapiro, Gulotta, Christ and Benjamin, JJ., concur.