In re the City of New York

The motion to confirm the report of the referee is granted. The opinion of Crane, J., in Brooklyn, Queens County & Suburban R. R. Co. v. Bird (16 Misc. Rep. 62; affd., 152 App. Div. 932) discusses several points made in opposition to this *483motion, so that there are but two which now require any expression from us.

First. We think that the report of a commission in proceedings to open a street pursuant to the procedure prescribed for the former city of Brooklyn is not of the character of a final adjudication as to title so as to bar a claimant of an award from establishing his right thereto as…