In re Simmons
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioners, J. Edward Simmons and others, constituting the board of water supply of the city of New York, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 14th day of August, 1914, as resettled and amended by an order entered in said clerk’s office on the 25th day of November, 1914, denying a motion of the city of New York that George N. Rigby, one of the…
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Appeal by the petitioners, J. Edward Simmons and others, constituting the board of water supply of the city of New York, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 14th day of August, 1914, as resettled and amended by an order entered in said clerk’s office on the 25th day of November, 1914, denying a motion of the city of New York that George N. Rigby, one of the commissioners of appraisal herein, be removed on the ground that he had ceased to be a resident of the State of New York.
1Opinion of the Court
Putnam, J.:
Laws of 1905, chapter 724, being the act providing for the commission or board of water supply of the city of New York, directed (§ 1) that the mayor “shall appoint three persons who shall be commissioners for the purposes hereinafter specified. The persons so to be appointed shall be public officers and shall constitute a board or commission to be called the board of water supply of the city of New York.” Section 7 provides for application to the Special Term for the appointment of commissioners of appraisal.
Upon proof of proper publication the court is by section 9 to make an…
2Cases cited3 opinions
- Matter of City of RochesterNew York Court of Appeals · 1913
- In re Newland AvenueNew York Supreme Court · 1891
- Bryant v. Town of RandolphNew York Supreme Court · 1891
3Cited by2 opinions
- Beers v. Incorporated Town of Gilmore CitySupreme Court of Iowa · 1924
- In re GillespieNew York Supreme Court · 1942