Niagara Mohawk Power Corp. v. Ricci

— Order unanimously reversed, without costs, and matter remitted to Supreme Court, Herkimer County, for further proceedings in accordance with the following memorandum: In these condemnation proceedings Special Term denied plaintiff-appellant’s motion to confirm the report of the commissioners upon the ground that the report was signed by only two commissioners and, therefore, was jurisdictionally defective. When the proceedings were originally commenced three commissioners were appointed. They heard the evidence, determined that plaintiff utility corporation should pay defendants-respondents…