CITY OF ALBANY v. YARAS

Order reversed, with costs in this court and in the Appellate Division, in the following Per Curiam: We hold that the order was appealable to the Appellate Division. Upon this record, the County Judge and the Commissioners of Appraisal may not be removed. (Judiciary Law, § 14; Matter of Hancock, 91 N.Y. 284, 292-293; Matter of Dodge Stevenson Mfg. Co., 77 N.Y. 101; Matter of Rotwein [ Goodman], 291 N.Y. 116, 123; County of Orange v. Storm King Stone Co., 229 N.Y. 460, 467.) The three questions certified [(a), (b) and (c)] are answered as follows: (a) in the affirmative; (b) in the negative; (c) not answered. Motion to strike material from respondent's brief granted to the extent of striking therefrom the material contained at pages 61 to 70; motion otherwise denied.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.