Matter of Daly
New York Court of Appeals
Appeal- from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 22, 1907, which dismissed an appeal from an order-of Special Term confirming the report of commissioners of appraisal in the above-entitled proceeding. The facts, so far as material, are stated in the opinion. The report of February 9, 1906, was not a second report within the provisions of chapter 189 of the Laws of 1903 so as to be final and conclusive.
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Appeal- from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 22, 1907, which dismissed an appeal from an order-of Special Term confirming the report of commissioners of appraisal in the above-entitled proceeding. The facts, so far as material, are stated in the opinion. The report of February 9, 1906, was not a second report within the provisions of chapter 189 of the Laws of 1903 so as to be final and conclusive. (M. R. Co. v. O'Sullivan, 6 App. Div. 571; 150 N. Y. 569; Matter of N. Y. C. & H. R. R. R. Co. 64 N. Y. 60.) The report of…
1Opinion of the CourtHaight, J.
In 1893 proceedings were instituted by the commissioner of public works of the city of Yew York to acquire, through condemnation, the lands and waters of Lake Grleneida in Putnam county as a ¡part of the water supply of the city of ¡New York. These proceedings resulted in a report of the commissioners appointed to appraise and determine the interest of the claimants in the land sought to be taken, which report, upon motion, was set aside at Special Term and new commissioners appointed, upon the ground, as stated by the judge, that “ so much improper evidence was admitted by the commissioners…
2Cases cited3 opinions
- Matter of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- In re Application & Petition of DalyAppellate Division of the Supreme Court of the State of New York · 1902
- Matter of DalyNew York Court of Appeals · 1903
3Cited by11 opinions
- Chicago, Detroit & Canada Grand Trunk Junction Railroad v. SimonsMichigan Supreme Court · 1920
- Matter of SimmonsNew York Court of Appeals · 1911
- In re the Incorporation of the Village of CedarhurstAppellate Division of the Supreme Court of the State of New York · 1907
- In re DalyAppellate Division of the Supreme Court of the State of New York · 1908
- In re SimmonsAppellate Division of the Supreme Court of the State of New York · 1911
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