Legal Opinion

People ex rel. Weinstein v. Zucca

Appellate Division of the Supreme Court of the State of New York

Decided April 4, 1912Published

Certiorari issued out of the Supreme Court and attested on the 17th day of January, 1910, directed to Antonio Zucca and others, composing the board of assessors of the city of New York, commanding them to certify and return to the office of the clerk of the county of New York all and singular their proceedings had in determining the damage to be awaisded to the relators for a change of grade.

Read the full summary

Certiorari issued out of the Supreme Court and attested on the 17th day of January, 1910, directed to Antonio Zucca and others, composing the board of assessors of the city of New York, commanding them to certify and return to the office of the clerk of the county of New York all and singular their proceedings had in determining the damage to be awaisded to the relators for a change of grade. The act under which the claim is made is known as chapter 460 of the Laws of 1904, the first section of which reads as follows: “Section 1. In any case where the grade of any street or avenue in the City…

1Opinion of the Court

Scott, J.:

There is no question in this case as to the jurisdiction of the board of assessors or of the regularity of their proceedings. We are, therefore, of the opinion, for the reasons stated in People ex rel. Olin v. Hennessy (150 App. Div. 190), decided herewith, that we are without power to review the determination.

We have, however, looked into the record, with the result that we are satisfied that, if we had the power, we should not interfere with the determination sought to be reviewed.

The writ must, therefore, be dismissed, with fifty dollars costs and disbursements to the respondents.

2Cases cited1 opinion

  1. People ex rel. Olin v. HennessyAppellate Division of the Supreme Court of the State of New York · 1912

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API