In re the Superintendent of Highways of the Town of Frankfort Relative to Acquiring Lands for Laying Out a Highway in Such Town

Application has been made to enter immediately upon the real property described in the petition herein and devote it temporarily to the public use specified in the petition upon such terms as the court may direct in accordance with the provisions of section 24 of the Condemnation Law.

The respondent, the Utica Transit Corporation, contends that section 24 of the Condemnation Law does not apply, urging *733that the present proceeding is under the Highway Law and there is no provision of the Highway Law authorizing the relief sought.

Section 24 reads as follows: “ Temporary possession pending…