In re Acquiring Title by the City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, Mary J. Cunningham, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 1st day of July, 1910, confirming in part a report of commissioners of estimate and appraisal in proceedings to acquire property for a school site, and sending the report back to new commissioners for a reappraisal of one damage parcel.
1Opinion of the Court
Miller, J. :
We should have no hesitation in affirming the order if it were appealable. That question merits examination as we cannot find that the provision of the charter (Laws of 1901, chap. 466, § 1442) which governs the right to appeal has been construed.
A somewhat similar provision applicable to street opening proceedings was construed in Matter of Commissioner of Public Worlcs (111 App. Div. 285; affd., 185 N. Y. 391), wherein it was decided that the statute did not authorize an appeal from an order of the Special Term, refusing to confirm the report of the commissioners. That decision…
2Cases cited2 opinions
- In Re Commissioner of Public WorksNew York Court of Appeals · 1906
- In re The Commissioner of Public Works of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by9 opinions
- State Roads Commission v. WyvillCourt of Appeals of Maryland · 1966
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- Novack v. StateAppellate Division of the Supreme Court of the State of New York · 1978
- In re County of NassauNew York Supreme Court · 1971
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1932
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