Opinion
November 12, 1948.
Appeal from Supreme Court.
The court at Special Term correctly interpreted the effect and intent of our decision in the aforesaid case wherein we annulled respondents' order which was there under review for the reasons stated in the opinions. Our decision there did not determine the cost or value of the water rights or what sums as reflecting either cost or value were properly allowable for capitalization. These questions were necessarily and expressly left open for such determination as the respondents might in due course make in its pending case No. 9552. Order affirmed, with $50 costs and disbursements to respondents, and stay vacated. Heffernan, Brewster, Foster and Russell, JJ., concur; Hill, P.J., concurs in a statement.