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In the Matter of the Application of the CITY OF NEW YORK to Acquire Certain Real Estate at Massapequa, in the Towns of Hempstead and Oyster Bay, in the County of Nassau, for the Purposes of Water Supply.

JENKS, J.:

This is a motion made at this term of this court for an order nunc pro tunc as of the 7th day of March, 1907, the date of filing the notice of appeal to the Court of Appeals, allowing an appeal herein to the Court of Appeals and certifying that a question has arisen which ought to be reviewed by that court. Our order, of which a review is sought, was made on the 11th day of January, 1907. The ensuing term of this court began on the fourth Monday of February, 1907, and ended on March 22, 1907. The present term began on the third Monday of April, 1907. If we could grant this motion we would do so, but our view is that our power was spent with the lapse of the January and the March terms ( Porter v. International Bridge Co., 163 N.Y. 79, 85), and we cannot now by an order nunc pro tunc "do indirectly" what we are "forbidden to do directly." ( Guarantee Trust Co. v. P., R. N.E.R.R. Co., 160 N.Y. 1.) For this reason the motion is denied.

HOOKER, GAYNOR, RICH and MILLER, JJ., concurred.

Motion denied, with ten dollars costs.

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MATTER OF CITY OF NEW YORK (MASSAPEQUA)
(Apr 19, 1907)