In Re City of Buffalo to Open Delavan Avenue
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 14, 1900, denying a motion to dismiss an appeal from a determination of the common council of the city of Buffalo, made under section 61 of the Bailroad Law, that it is necessary to open, lay out and construct Delavan avenue as a public street across the tracks and right of way of the New York Central and Hudson Biver Bailroad Company.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 14, 1900, denying a motion to dismiss an appeal from a determination of the common council of the city of Buffalo, made under section 61 of the Bailroad Law, that it is necessary to open, lay out and construct Delavan avenue as a public street across the tracks and right of way of the New York Central and Hudson Biver Bailroad Company. The following are the questions certified: 1. Is the New York Central & Hudson Biver Bailroad Company entitled to appeal to…
1Opinion of the CourtLandon, J.
It may be conceded that the right of appeal here in question does not exist unless conferred by statute. On behalf of the city it is urged that the terms of the statute do not embrace such an appeal. The point of the contention is that the right of appeal is given only from a decision óf the board of railroad commissioners and not a determination of a municipal body. Section 61 of the Railroad Law (Oh. ■754, Laws 1897; ch. 520, Laws 1898) provides that when a new street, or new portion of a street, shall hereafter be constructed across a steam surface railroad, other than by a change .of a…
2Cases cited6 opinions
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- In Re the Appraisal of Damages of TownsendNew York Court of Appeals · 1868
- In the Matter of William A. FowlerNew York Court of Appeals · 1873
- In Re the Confirmation of the Report of the Commissioners of AssessmentNew York Court of Appeals · 1878
- President, Managers & Directors of the Delaware & Hudson Canal Co. v. Village of WhitehallNew York Court of Appeals · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re Laying Out of a Town Highway in the Town of BallstonNew York Court of Appeals · 1939
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1919
- In re Laying Out of a Certain Town Highway in the Town of BallstonAppellate Division of the Supreme Court of the State of New York · 1937
- In re Opening of Delavan AvenueAppellate Division of the Supreme Court of the State of New York · 1901
- In re Opening of Nineteenth St. In Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1901
4 more not listed; retrieve them via the Exa API.