Matter of City of New York
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 27, 1913, which dismissed an appeal from an order of Special Term denying a motion to confirm the report of commissioners in condemnation proceedings and remitting the subject-matter to new commissioners to hear de novo.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 27, 1913, which dismissed an appeal from an order of Special Term denying a motion to confirm the report of commissioners in condemnation proceedings and remitting the subject-matter to new commissioners to hear de novo. The following question was certified: “Was the order of the Special Term herein, which vacated the award made by the commissioners of appraisal for damage parcel No. 1 in this proceeding, and appointing new commissioners of appraisal to ascertain…
1Opinion of the Court
Willard Bartlett, Ch. J.
This is a proceeding under the provisions of the Greater New York charter to acquire lands for a school site. The commissioners made a report which the Special Term refused to confirm by an order denying a motion for confirmation. The proceeding was referred to new commissioners to hear the subject-matter de novo. From this order an appeal was taken by the city of New York and Anna J. Doyle, the owner of certain premises sought to be taken, to the Appellate Division. The Appellate Division dismissed the appeal, without costs, in view of “ the seeming conflict between…
2Cases cited4 opinions
- In Re Commissioner of Public WorksNew York Court of Appeals · 1906
- In re Acquiring Title by the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
- In Re Acquiring Title by the City of New YorkNew York Court of Appeals · 1911
- Matter of SimmonsNew York Court of Appeals · 1911
3Cited by1 opinion
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1932