In re Peterson
Appellate Division of the Supreme Court of the State of New York
Appeal by The Town of Cambria and others from an order of the County Court of- Niagara county, entered in the office of the clerk of the county of Niagara on the 22d day of August, 1903, confirming an award of commissioners theretofore appointed in the proceeding.
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Appeal by The Town of Cambria and others from an order of the County Court of- Niagara county, entered in the office of the clerk of the county of Niagara on the 22d day of August, 1903, confirming an award of commissioners theretofore appointed in the proceeding. Also an appeal by the petitioner,, Walter Y. Peterson, from that part of said order which disallows his costs and disbursements, and by J. Frank Smith, guardian ad litem for Floyd Perrin and others, from so much of said order as disallows and denies his fees as such guardian ad litem.
1Opinion of the Court
Stover, J.:
This proceeding is under the Highway Law (Laws of 1890, chap. 568, § 82 et seq., as amd.), and an examination of the record discloses to us no reason for a reversal of the order in so far as it confirms the action of the commissioners. The County judge, however, upon the motion to confirm the report, refused to allow the petitioner his costs and disbursements, solely upon the -ground of lack of authority.
The provisions of the Highway Law covering costs in proceedings of this kind are found in sections ;92, 93 and 152. By section 92 (as amd. by Laws of 1897, chap. 344) it is…
2Cases cited2 opinions
- People ex rel. Bevins v. Board of Sup'rsNew York Supreme Court · 1894
- In re South Market StreetNew York Supreme Court · 1894