Legal Opinion

Matter of Moore

New York Court of Appeals

Decided December 19, 1876PublishedCited by 3 opinions

Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term, setting aside a Special Term order vacating an assessment on certain property in the city of Mew York for regulating Second avenue between Minety-second and One Hundred and Eighth streets.

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Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term, setting aside a Special Term order vacating an assessment on certain property in the city of Mew York for regulating Second avenue between Minety-second and One Hundred and Eighth streets. The petition was filed under chapter 338, Laws of 1858, upon the ground that the assessment was not confirmed by the common council and because the resolutions' authorizing it were not published as required. The order granting the prayer of the petition was, upon motion, set aside…

1Opinion of the Court

Per Cwriam.

The only authority for this appeal must be found in subdivision 3 of section 11 of the Code, in which it is provided that an appeal will he to this court “in a final order affecting a substantial right made in a special proceeding.” The order here appealed from is not a final order. The petitioner filed his petition under chapter 338 of the Laws of 1858, asking that a certain assessment be vacated. The prayer of the petition, after a hearing at Special Term, was granted by an order duly entered. This order was subsequently, by an order at a Special Term, vacated, and this order was…

2Cited by3 opinions

  1. People Ex Rel. New York & Harlem Railroad v. Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1886
  2. Matter of Petition of N.Y. H.R.R. Co.New York Court of Appeals · 1885
  3. In re New York & Harlem RailroadNew York Court of Appeals · 1885

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