County of Dutchess v. Cary

— Appeal from order appointing commissioners of appraisal in a proceeding to condemn property for highway purposes and refusing appellant a hearing as to the necessity for the taking. Order unanimously affirmed, with costs. While there is doubt that an appeal lies from the order (Matter of Board of Transp. of N. Y., 272 N. Y. 52, 55; County of Orange v. Storm King Stone Co., 180 App. Div. 208; Matter of Mayor of City of N. T., 22 App. Div. 124; Hooker V. City of Boehester, 57 App. Div. 530, affd. 172 N. Y. 665; Matter of Broadway & Seventh Ave. B. B. Co., 69 Hun 275), we have considered the…