This proceeding was begun under the authority of section 659 of the Consolidation Act (Laws of 1882, chap. 410), as amended by chapter 567 of the Laws of 1895, for the purpose of condemning certain buildings situated in the rear of Nos. 308, 310, 312 and 314 Mott street in the city of New York, by a petition praying for the condemnation of the buildings, filed by the department of health. In that petition it was alleged substantially that the buildings sought to be condemned were in such condition as to be dangerous to public health, and that they were not reasonably capable of being made fit for human habitation and occupancy, and that the evils caused by said buildings could not be remedied in any other way than by their destruction. To this petition an answer was filed in which the appellant denied the existence of a nuisance upon said premises, or that the premises were not fit for human habitation, and practically put in issue the existence of all the" facts which, by the statute in question, are necessary to authorize the condemnation of the buildings. Upon this issue a reference was ordered to hear and determine, and the referee found that the condition of affairs "alleged in the petition existed, and that the plaintiff was entitled to judgment for the appointment of commissioners. Judgment to that effect was accordingly entered, and thereupon three commissioners were appointed to appraise the value of the property, and a hearing was had before the'm in due form. As the result of that hearing the compensation was fixed at the value of the materials of the building, and a final order confirming the report was entered, by virtue of which the amount awarded to the appellant was the sum found by the commissioners to be the value of the materials of the. buildings, wh