Legal Opinion

In re the Mayor, Aldermen & Commonalty

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

Decided January 15, 1904Published

, Appeal by John B. Simpson, Jr., and. another, as executors, etc., of William Simpson, deceased, from so. much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of February, 1902, confirming the report of commissioners of estimate and assessment in this proceeding, as confirms an assessment for benefits.

1Opinion of the Court

McLaughlin, J.:

Proceedings were institutéd under the statute for the opening of Whitlock avenueYrom Hunt’s Point road to Westchester avenue in *14the city of New York. In the supplemental report filed by the commissioners appointed therein certain property owners were assessed for benefits by reason of such opening, and they have appealed from so much of the order of the Special Term as confirmed the report of the commissioners as to such assessment.

In pursuance of a stipulation between the appellants and the respondent the only question to be determined upon the appeal .is* whether the report…

2Cases cited3 opinions

  1. In Re the Second Avenue Methodist Episcopal Church to Vacate an AssessmentNew York Court of Appeals · 1876
  2. In re the Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
  3. Matter of CramNew York Court of Appeals · 1877

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