Legal Opinion

In Re Commissioner of Public Works

New York Court of Appeals

Decided June 12, 1906PublishedCited by 11 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 9, 1906, which dismissed an appeal from an order of Special Term denying a.motion to confirm a partial report of the commissioners of estimate in the above-entitled proceeding. The facts, so far as material, and the question certified are stated in the opinion.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 9, 1906, which dismissed an appeal from an order of Special Term denying a.motion to confirm a partial report of the commissioners of estimate in the above-entitled proceeding. The facts, so far as material, and the question certified are stated in the opinion. Under sections 1356 and 1361 of the Code of Civili Procedure an appeal may be taken in any special proceeding - to the Appellate Division from any order of the Special Term which affects a substantial…

1Per curiam

This proceeding was instituted by the city of Hew York to acquire title to certain lands, for the purpose of the construction of a bridge over the Harlem river and of approaches thereto. Hpon a motion to confirm the report of the commissioners of estimate, who had been appointed in the proceeding, the Special Term of the Supreme Court ordered that the motion should be denied and that the report should be returned to the commissioners, with certain directions for a further report. The city of Hew York appealed to the Appellate Division from the order of the Special Term and the appeal was…

2Cases cited1 opinion

  1. Matter of City of New YorkNew York Court of Appeals · 1905

3Cited by11 opinions

  1. In re Commissioner of Public WorksAppellate Division of the Supreme Court of the State of New York · 1909
  2. In re Acquiring Title by the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
  3. Matter of SimmonsNew York Court of Appeals · 1911
  4. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
  5. Manhattan Railway Co. v. StuyvesantAppellate Division of the Supreme Court of the State of New York · 1908

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