Legal Opinion

In re Laidlaw

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

Decided November 15, 1912PublishedCited by 2 opinions

Appeal by Edward S. Gillette and others, opposing property owners, from an order of the County Court of Suffolk county, entered in the office of the clerk of said county on the 1st day of May, 1912, denying their motion to vacate and set aside certain orders purporting to appoint commissioners, etc., with notice of an intention to bring up for review an order entered in said clerk’s office on the 19th day of November, 1910, denying the motion of said property owners to set…

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Appeal by Edward S. Gillette and others, opposing property owners, from an order of the County Court of Suffolk county, entered in the office of the clerk of said county on the 1st day of May, 1912, denying their motion to vacate and set aside certain orders purporting to appoint commissioners, etc., with notice of an intention to bring up for review an order entered in said clerk’s office on the 19th day of November, 1910, denying the motion of said property owners to set aside the appointment of one of the commissioners.

1Opinion of the Court

Carr, J.:

On September 7,1910, George Q. Laidlaw and Frank Rogers served upon Frank H. Call,' town superintendent of highways, a written application as provided by section 192 of the Highway • Law (Consol. Laws, chap. 25; Laws of 1909, chap. 30) for the extension of a highway in the town of Islip, in Suffolk county. By section 193 of said statute (as amd. by Laws of 1910, chap. 344) it was provided that an application to the County Court for an order appointing commissioners to determine the necessity of the proposed highway and to assess damages for the improvement shall be made within thirty…

2Cases cited3 opinions

  1. Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
  2. People ex rel. the Commissioner of Highways v. ConnorNew York Supreme Court · 1866
  3. In re WoodAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by2 opinions

  1. In re FentonAppellate Division of the Supreme Court of the State of New York · 1916
  2. In re LaidlawAppellate Division of the Supreme Court of the State of New York · 1914

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