People ex rel. Town of Oyster Bay v. Woodruff
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the-1st day of September, 1900, directed to Timothy L. Woodruff and others, as Commissioners of the Land Office of the State of New; York, commanding them to certify and return to the office of the clerk of Albany county all and singular their proceedings relating to the granting of the application of George E. Brightson for four and four hundred and seventy-six one-thousandths acres of land under the waters of Cold…
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Certiorari issued out of the Supreme Court and attested on the-1st day of September, 1900, directed to Timothy L. Woodruff and others, as Commissioners of the Land Office of the State of New; York, commanding them to certify and return to the office of the clerk of Albany county all and singular their proceedings relating to the granting of the application of George E. Brightson for four and four hundred and seventy-six one-thousandths acres of land under the waters of Cold Spring Inner Harbor, in the town of Oyster Bay, in front of and adjacent to uplands of- said Brightson in the town of…
1Opinion of the Court
Kellogg, J.:
The question of the title of the State to the land under water, for which a grant was here applied for, cannot :be tried' in the first instance in this appellate court, nor can it be tried by the land board, :for that board of State officials is not a court having jurisdiction to try and determine such questions. - The State has never submitted its land titles to the final determination of such a tribunal. Nor has. the Legislature constitutional power to create a court of this char.acter and force other contestants of the title to submit here their rights for adjudication. The…
2Cited by4 opinions
- Lyons v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1932
- People ex rel. Moenig v. Commissioners of the Land OfficeAppellate Division of the Supreme Court of the State of New York · 1919
- Haase v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1923
- Haase v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1923