In Re the Board of Street Opening & Improvement
New York Court of Appeals
Appeal by landowners from an order of the General Term of the Supreme Court in the first judicial department, made May 18, 1888, which affirmed an order of Special Term confirming the report of the commissioners of estimate and appraisal, appointed in proceedings to acquire title to lands in the city of Mew York, for the purpose of establishing a public place in the twenty-second ward of that city, pursuant to the provisions of chapter 451 of the Laws of 1884. The order of…
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Appeal by landowners from an order of the General Term of the Supreme Court in the first judicial department, made May 18, 1888, which affirmed an order of Special Term confirming the report of the commissioners of estimate and appraisal, appointed in proceedings to acquire title to lands in the city of Mew York, for the purpose of establishing a public place in the twenty-second ward of that city, pursuant to the provisions of chapter 451 of the Laws of 1884. The order of the General Term, affirming the order of the Special Term confirming the report, and thereby overruling the objections of…
1Opinion of the CourtGray, J.
We think the appeal should be dismissed. The authority to establish the public place, or park in question, is found in the act of the legislature contained in chapter 451 of the Laws of 1884. In its second section, the act provides that the proceedings to acquire the title to the lands described shall be taken “ in the manner prescribed in and subject to all the provisions of section 955 of chapter 410 of the Laws of 1882,” which is known as the consolidation act. That section of the consolidation act provides that “ the proceedings to acquire title to such lands shall be had pursuant to such…
2Cases cited1 opinion
- In the Matter of the Dep't of Public ParksNew York Court of Appeals · 1881
3Cited by3 opinions
- In re The Commissioner of Public Works of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
- Matter of Corporation Counsel of the City of New YorkNew York Court of Appeals · 1920
- In Re Board of Street Opening & ImprovementNew York Court of Appeals · 1892