In re City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, The City of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Putnam on the 24th day of March, 1906, quashing a writ of certiorari theretofore issued in the above-entitled proceeding.
Read the full summary
Appeal by the petitioner, The City of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Putnam on the 24th day of March, 1906, quashing a writ of certiorari theretofore issued in the above-entitled proceeding. The writ is to the assessors of the town of Carmel, Putnam county, and was granted under section 250 of the Tax Law (Laws of 1896, chap. 908) to review the assessment of real property of thé relator. The assessors made return to the writ. Thereafter the matter came on for hearing on the petition,…
1Opinion of the Court
Gaynor, J.:
The court quashed the writ on the ground that the petition did not specify each parcel of the petitioner’s land sepai’ately and claim that it was overvalued, but grouped them and alleged that the petitioner’s land was overvalued.
The petition is only to get the writ,, and if it be insufficient to authorize the writ to be granted a motion should be made to dis*816miss it and quash the'. Writ before making return. If instead the assessors join issue on the writ by making return to it they waive , the insufficiency of the petition. Such is the present' ease,
The order should be reversed.
Wood…
2Cited by2 opinions
- People ex rel. Hotel Astor v. SextonNew York Supreme Court · 1935
- People ex rel. Glen Head Realty Co. v. GarlandNew York Supreme Court · 1911