In connection therewith the Comptroller presented the following report of the Appraiser of Real Estate of the Department of Finance, with opinion of the Corporation Counsel, and offered the following resolution:

Hon. EDWARD M. GROUT, Comptroller:

APRIL 29, 1904.

SIR-Mary W. Smith, of No. 1269 Bergen street, Borough of Brooklyn, City of New York, in a verified petition, states that she is the owner of the following described premises located in Block 1544, Section 6, on the Land Map of the County of Kings:

"Beginning on the southerly side of Somers street, at a point distant sixty (60) feet easterly from the intersection of the southerly side of Somers street with the easterly side of Sackman street; running thence easterly along the southerly side of Somers street twenty (20) feet; thence southerly parallel with Sackman street seventy-five (75) feet; thence westerly parallel with Somers street twenty (20) feet; and thence northerly again parallel with Sackman street seventy-five (75) feet to the point or place of beginning,"

-and requests that the Commissioners of the Sinking Fund release to her so much of the roadbed formerly belonging to the old road known as the Brooklyn and Jamaica turnpike, as may be included in the area of the plot of land above described, which said old roadbed within the area of the said lot, is bounded and described as follows:

"Beginning at the point of intersection of the easterly side of said old road, known as the Brooklyn and Jamaica turnpike, with a line drawn parallel with Sackman street from a point in the southerly side of Somers street, distant sixty (60) feet easterly from Sackman street; running thence southeasterly along said easterly line of said Brooklyn and Jamaica turnpike about twenty-nine (29) feet and eleven (11) inches to a point where the same is intersected by the northeasterly line of the old road known as the Brooklyn and Jamaica Plank road; thence northwesterly along said northeasterly line of the Brooklyn and Jamaica Plank road about ten (10) feet and one-half (%) inches, to a point where the same is intersected by the said line drawn parallel with Sackman street from a point in the southerly line of Somers street, distant sixty (60) feet easterly from said Sackman street; and thence northerly along said line drawn parallel with Sackman street about twenty-three (23) feet five and one-half (5%) inches, to the point or place of beginning."

Similar requests for releases in the matter of this old road have been presented to the Commissioners of the Sinking Fund and have been referred to the Corporation Counsel for his opinion as to whether the interest of the City is material or a mere cloud upon the title of a private owner, and I would respectfully recommend that this petition be referred to the Corporation Counsel for his opinion, and if he decides that the City's interest is not material and merely a cloud upon the title of a private owner that he so certify the same in order that the Commissioners of the Sinking Fund, pursuant to section 205 of the Amended Greater New York Charter, may properly authorize a release or quit-claim for a nominal consideration to the petitioner, of all the right, title and interest of The City of New York, of, in and to all that portion of the old road lying within the area of the lot first above described and shown on the diagram attached to the said petition, and if the interests of the City be not material, that it

be appraised at the nominal sum of one dollar ($1), and the expenses of such release, examination, etc., be fixed at the sum of one hundred dollars ($100), to be paid by the petitioner before the delivery of such release, and that the petitioner shall produce evidence that all taxes, assessments, water rates and sales for the same, due and unpaid against the property, shall have been paid before receiving such release from the City.

Respectfully submitted for approval,

MORTIMER J. BROWN, Appraiser of Real Estate in Charge of Bureau.

NEW YORK, May 5, 1904.

Hon. EDWARD M. GROUT, Comptroller:

SIR-I have received your communication of April 30, 1904, transmitting for my consideration an application made to the Commissioners of the Sinking Fund by Mary W. Smith for a release of a portion of the old road known as the Brooklyn and Jamaica Turnpike, in the Borough of Brooklyn, and you request me to advise you whether the interest of The City of New York in this piece of property is material or simply nominal and a mere cloud upon the title of a private owner, and, if the latter, to so certify so that the matter may be presented to the Commissioners of the Sinking Fund, pursuant to section 205 of the Amended Greater New York Charter.

This application is precisely similar in its nature to that of Thomas Everett and others, concerning which an opinion was rendered to you by the Corporation Counsel on the 31st of January, 1902, and to the application of Patrick Murphy, concerning which an opinion was rendered on March 22, 1902. The status of this old road was considered in those opinions, and it was decided that the interest of The City of New York therein was only nominal and a cloud upon the title of the owners of the property within which a portion of the old road was included.

I respectfully refer you to those opinions for the reasons set forth in reaching that conclusion, and I hereby certify that whatever interest The City of New York may have in the property formerly forming a part of the old Brooklyn and Jamaica turnpike, which is bounded and described as follows, is a mere cloud upon the title of such owner, to wit:

"Beginning at the point of intersection of the easterly side of said old road, known as the Brooklyn and Jamaica turnpike, with a line drawn parallel with Sackman street from a point in the southerly side of Somers street distant sixty (60) feet easterly from Sackman street; running thence southeasterly along said easterly line of said Brooklyn and Jamaica turnpike about twenty-nine (29) feet and eleven (11) inches to a point where the same is intersected by the northeasterly line of the old road, known as the Brooklyn and Jamaica Plank road; thence northwesterly along said northeasterly line of the Brooklyn and Jamaica Plank road about ten (10) feet and one-half (2) inches to a point where the same is intersected by the said line drawn parallel with Sackman street, from a point in the southerly line of Somers street distant sixty (60) feet easterly from said Sackman street; and thence northerly along said line drawn parallel with Sackman street about twenty-three (23) feet, five and one-half (5%) inches to the point or place of beginning."

In accordance with your request I have prepared a quit-claim deed of the prop

erty in question and have approved the same as to form which, with two copies thereof, I herewith transmit.

Respectfully yours,

JOHN J. DELANY, Corporation Counsel.

Resolved, That, pursuant to the provisions of section 205 of the Amended Greater New York Charter, the Commissioners of the Sinking Fund, by unanimous vote, hereby authorize a release or quit-claim to Mary W. Smith, of all the right, title and interest of the City, of, in and to all that portion of the old road formerly known as the Brooklyn and Jamaica turnpike, located in Block No. 1544, section 6, on the land map of the County of Kings and more particularly described as follows:

"Beginning at the point of intersection of the easterly side of said old road, known as the Brooklyn and Jamaica turnpike, with a line drawn parallel with Sackman street, from a point in the southerly side of Somers street distant sixty (60) feet easterly from Sackman street; running thence southeasterly along said easterly line of said Brooklyn and Jamaica turnpike about twenty-nine (29) feet and eleven (11) inches to a point where the same is intersected by the northeasterly line of the old road known as the Brooklyn and Jamaica Plank road; thence northwesterly along said northeasterly line of the Brooklyn and Jamaica Plank road about ten (10) feet and one-half (1⁄2) inch, to a point where the same is intersected by the said line drawn parallel with Sackman street from a point in the southerly line of Somers street distant sixty (60) feet easterly from said Sackman street; and thence northerly along said line drawn parallel with Sackman street about twenty-three (23) feet five and one-half (5%) inches to the point or place of beginning"

-the Corporation Counsel having certified to the Commissioners of the Sinking Fund, under date of May 5, 1904, that whatever interest the City may have in the property is a mere cloud upon the title of the owners.

Resolved, That the interests of The City of New York in and to the same be and is hereby appraised at the nominal sum of one dollar ($1), and the expense of such release, examination, etc., be and is hereby fixed at one hundred dollars ($100), to be paid by the petitioner and evidence produced that all taxes, assessments, water rates and sales for the same, due and unpaid against the property, have been paid before the execution and delivery of such release.

The report was accepted and the resolution unanimously adopted.

The following communication was received from the Fire Department, requesting that the resolution authorizing a lease of premises at Nos. 1239 and 1241 DeKalb avenue, Borough of Brooklyn, be rescinded (see page 383).

BOROUGH OF MANHATTAN, May 19, 1904.

To the Honorable Commissioners of the Sinking Fund:

GENTLEMEN-The Deputy Chief of Department, in charge boroughs of Brooklyn and Queens, having reported that the premises Nos. 1239 and 1241 DeKalb avenue will not be required for the use of the Department, I have the honor to request that the resolution adopted by your Honorable Board on the 11th inst., authorizing the lease of these premises for a term of one month from date of occupation with the privilege of renewal for another month at a rental of $125 per month, be rescinded. Respectfully yours,

THOMAS W. CHURCHILL, Deputy Fire Commissioner.

In connection therewith the Comptroller offered the following resolution: Resolved, That the resolution adopted by this Board at meeting held May 11, 1904, authorizing the lease of premises Nos. 1239 and 1241 DeKalb avenue, Borough of Brooklyn, for the use of the Fire Department, be and the same is hereby rescinded. Which was unanimously adopted.

The Comptroller presented the following report, and offered the following resolution, relative to a transfer from the appropriation for 1904, entitled "Rents" to the appropriation made to the Coroner of the Borough of Richmond for 1904:

Hon. EDWARD M. GROUT, Comptroller:

MAY 20, 1904.

SIR-The Hon. George F. Schaefer, Coroner of the Borough of Richmond, requests that the sum of $360 be transferred from the General Appropriation Fund, entitled "Rents, 1904," to the Coroner of the Borough of Richmond, "Rent, 1904," for the rental of premises No. 174 Bay street, Stapleton.

The Commissioners of the Sinking Fund refused to authorize a renewal of the lease of the premises for the reason that the property is owned by the wife of the Coroner (see Min. S. F., 1903, p. 15), but as the premises are conveniently situated and the terms lower than similar accommodations could be procured for his use, the Commissioners of the Sinking Fund by resolution authorized payment of the rent for the year 1903.

As the premises are still occupied under the same conditions, I would respectfully recommend that the Commissioners of the Sinking Fund approve of and consent to the transfer by the Board of Estimate and Apportionment of the sum of $360 from the General Appropriation Fund, entitled "Rents, 1904," to the Coroner of the Borough of Richmond, "Rent, 1904," it being understood that this transfer is to be made for the express purpose of enabling the Coroner to provide himself with an office during the year 1904, and to pay rent therefor.

Respectfully submitted for approval,

Approved:

MORTIMER J. BROWN,

Appraiser of Real Estate in Charge of Bureau.

EDWARD M. GROUT, Comptroller.

Resolved, That the Commissioners of the Sinking Fund hereby approve of and consent to the transfer, by the Board of Estimate and Apportionment, of the sum of three hundred and sixty dollars ($360) from the appropriation for 1904 entitled "Rents," to the appropriation for 1904 entitled "Salaries and Expenses of Coroners in the Borough of Richmond," said transfer to be made for the express purpose of enabling the Coroner to provide himself with an office during the year 1904, and to pay the rent therefor.

The report was accepted and the resolution unanimously adopted.

The Comptroller presented the following report, and offered the following resolution, relative to an amendment to resolution, authorizing a lease of premises at No. 28 Macdougal street, Borough of Manhattan, for the Board of Education (see page 330).

Hon. EDWARD M. GROUT, Comptroller:

MAY 20, 1904.

SIR-The Board of Education at a meeting held May 11, 1904, adopted the following resolution:

"Resolved, That the Commissioners of the Sinking Fund be and they here are "requested to amend the resolution adopted on April 27, 1904 (see Journal, page 651), "relative to leasing the double parlors on the first floor of the premises No. 28 Mac"dougal street, Borough of Manhattan. by striking out the words 'with the privilege "*of renewal for an additional year,' the lessors having refused to execute a lease "unless the provision quoted is eliminated."

I would respectfully recommend that the Commissioners of the Sinking Fund amend their resolution adopted April 27, 1904, eliminating the clause "with the privilege of renewal for an additional year."

Respectfully submited for approval,

Approved:

MORTIMER J. BROWN,

Appraiser of Real Estate in Charge of Bureau.

N. TAYLOR PHILLIPS. Acting Comptroller.

Resolved, That the resolution adopted by this Board at meeting held April 27, 1904. approving of and consenting to the execution, by the Board of Education, of a lease to the City of the double parlors on the first floor of premises No. 28 Macdougal street, Borough of Manhattan, for a term of one year from May 1, 1904, with the privilege of renewal for an additional year, be and the same is hereby amended by striking out the words "with the privilege of renewal for an additional year."

The report was accepted and the resolution unanimously adopted.