In re Kruger

In a proceeding pursuant to section 197 of the Highway Law to recover damages resulting from a change of grade of a town highway in the town of Hempstead, the cross appeals *923are from respective portions of an order dated August 15, 1955, which, on reargument, granted in part and denied in part (1) the motion of the claimants to confirm the report of the commissioners and for other incidental relief, and (2) the cross motion of the town to set aside the report. The town’s notice of appeal states that it will bring up for review “ the judgment herein and proceedings antecedent thereto ”, which…