People ex rel. Olin v. Hennessy
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 8th day of May, 1911, directed to Joseph P. Hennessy and others, composing the board of assessors of the city of Mew 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 regard to the petition of the relators to be awarded damages for a change of grade.
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Certiorari issued out of the Supreme Court and attested on the 8th day of May, 1911, directed to Joseph P. Hennessy and others, composing the board of assessors of the city of Mew 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 regard to the petition of the relators to be awarded damages for a change of grade. The authority for awarding such damages is found in section 6 of chapter 423 of the Laws of 1903, as amended by chapter 634 of the Laws of 1905, which reads as follows: “§6. The Mew York Central…
1Opinion of the Court
Scott, J.:
In our opinion the determination of the commissioners is not subject to review by certiorari. (People ex rel. Stephens v. Phillips, 88 App. Div. 560; People ex rel. Hallock v. Hennessy, 146 id. 440; Johnson v. Pettit, 120 id. 778.) As pointed out in the cases cited, the persuasive reasonings, of which need not be reiterated, the relators’ only claim to receive damages for a change of grade is that which the statute gives it, and it was competent for the Legislature by the same statute to designate the board or body which was to determine the amount of damages if any. In the present…
2Cases cited5 opinions
- People Ex Rel. Heiser v. . GilonNew York Court of Appeals · 1890
- People ex rel. City of New York v. LyonAppellate Division of the Supreme Court of the State of New York · 1906
- Matter of FitchNew York Court of Appeals · 1895
- People ex rel. Stephens v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1903
- People Ex Rel. City of New York v. . LyonNew York Court of Appeals · 1906
3Cited by3 opinions
- People ex rel. Olin v. HennessyAppellate Division of the Supreme Court of the State of New York · 1913
- People ex rel. Olin v. HennessyAppellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. Weinstein v. ZuccaAppellate Division of the Supreme Court of the State of New York · 1912