Legal Opinion

In re the Incorporation of the Village of Cedarhurst

Appellate Division of the Supreme Court of the State of New York

Decided October 18, 1907PublishedCited by 3 opinions

Appeal by Frank Gr. Remsen and others, five of the proposers of the incorporation of the village of Cedarhurst, from an order of the County Court of Nassau county, filed in the office» of the town clerk of the town of Hempstead on the 24th day of April, 1907.

1Opinion of the Court

Miller, J.:

This is an appeal from an order of the County Court of Nassau county affirming a decision of the supervisor of the town of Hemp-stead adverse to a proposition for the incorporation o„f the village of Cedarhurst, made pursuant to sections 3 et seq. of the Village Law (Laws of 1897, chap. 414, as amd.).* The point is made that the order is not appealable to this court.

Sections 7 and 8 of the Village Law provide for an appeal from the decision of the supervisor to the County Court, and section 8 provides that the order of the County. Court “ shall be final and conclusive.” The…

2Cases cited2 opinions

  1. Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
  2. Matter of DalyNew York Court of Appeals · 1907

3Cited by3 opinions

  1. United States Ex Rel. Fink v. TodCourt of Appeals for the Second Circuit · 1924
  2. In re Charges against SkinkleAppellate Division of the Supreme Court of the State of New York · 1927
  3. In re the Incorporation of the Village of Atlantic BeachAppellate Division of the Supreme Court of the State of New York · 1961

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