In re the Board of Supervisors

Several owners object to the confirmation of the report for various reasons, one of which is that William A. Williams, a member of the commission, died before that body completed its appraisals and that no application was made to the court under section 151 of the Highway Law (as amd. by Laws of 1927, chap. 88) for the appointment of another commissioner to fill the vacancy.

The petitioner urges that the appointment of another commissioner was not mandatory, and that under section 41 of the General Construction Law, the two commissioners remaining were empowered to complete the appraisals and…