People ex rel. Dinsmore v. Vandewater
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, H. Fremont Yandewater and others, individually and as members of' the town board of the town of Hyde Park, county of Dutchess and State of NewYork, and Walter R. McCurdy and others, individually and as commissioners of highways of said town, from an order of the Supreme Court, made at the Suffolk Special Term and entered in the office of the clerk of the county of Dutchess on the 23d day of July, 1902, denying the defendants’ motion to quash a writ…
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Appeal by the defendants, H. Fremont Yandewater and others, individually and as members of' the town board of the town of Hyde Park, county of Dutchess and State of NewYork, and Walter R. McCurdy and others, individually and as commissioners of highways of said town, from an order of the Supreme Court, made at the Suffolk Special Term and entered in the office of the clerk of the county of Dutchess on the 23d day of July, 1902, denying the defendants’ motion to quash a writ of certiorari theretofore issued in the above-entitled proceeding.
1Opinion of the Court
Goodrich, P. J.:
The relator petitioned for a writ of certiorari requiring the members of the town board and the commissioners of highways of the town of Hyde Park to certify and return to the court all their proceedings and the papers in the matter of closing a part of the New *61York and Albany post road in that town and laying out a new highway in lieu of the part closed.
A motion was made by the defendants to quash the writ on the ground that the order to close was recorded in the town clerk’s office on October 22, 1900, pursuant to sections 80 and 81 of the Highway Law (Laws of 1890, chap.…
2Cases cited2 opinions
- President & Directors of the Manhattan Co v. LaimbeerNew York Court of Appeals · 1888
- People ex rel. Swartwout v. Village of Port JervisNew York Supreme Court · 1898
3Cited by1 opinion
- Mareno v. KibbeAppellate Division of the Supreme Court of the State of New York · 1969