In re Board of Rapid Transit Railroad Commissioners

O’Brien, P. J.:

The rapid transit commission, under the law, has laid out the general plan of subway routes which have received.the approval of the board of estimate and apportionment, but for which the consent of the property owners along the proposed routes could not be obtained.

It is provided by law that upon the refusal by property owners to consent, application may be made to this court for the appointment of commissioners whose duty it shall be to pass upon and determine1 whether or not such consent should be given, and their report when favorable, if confirmed by this court, is…