People Ex Rel. Manhattan Storage & Warehouse Co. v. Lilly

This appeal is by permission upon the following certified question: “ Should the defendants be compelled to accept the relator’s notice of appeal from the final order entered herein in the office of the Clerk of the County of New York on the 16th day of July 1947? ”

The problem arises out of the following circumstances: In this consolidated tax certiorari proceeding brought by the relator, a small reduction in assessment was directed. The relator’s attorneys in due course submitted a proposed final order with notice of settlement to the clerk of the Special Term for signature. The signature…