Kelsey v. Church
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Otto Kelsey, Comptroller of the State of Mew York, from an order of the Supreme Court, made at the ■ Kings County Special Term and entered in the office of the clerk of the-county of Kings on the 16th day of Movember, 1905.
1Opinion of the Court
Miller, J.:
The State Comptroller, appeals from an order of the Special.Term denying an application for a peremptory wri-t_of mandamus requiring the surrogate of Kings county to make an order appointing an appraiser in a transfer tax proceeding attempted to be instituted by-the appellant in said county. The statute pursuant to which the learned surrogate was requested' to act (Laws of 1896, clia-p. 9.08, § 230, as amd. by'Laws of 1904, chap. 75‘8) provides: “The surrogate, either upon his own' motion, or upon the application of any interested party, including the Comptroller of the State of…
2Cases cited6 opinions
- People Ex Rel. Otsego County Bank v. Board of Supervisors of Otsego CountyNew York Court of Appeals · 1873
- In Re the Estate of WesturnNew York Court of Appeals · 1897
- People Ex Rel. Allen v. . MurrayNew York Court of Appeals · 1893
- McBride v. MurrayNew York Supreme Court · 1893
- People ex rel. Allen v. MurrayThe Superior Court of the City of New York and Buffalo · 1893
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3Cited by2 opinions
- People Ex Rel. Lewis v. . FowlerNew York Court of Appeals · 1920
- In re the Transfer Tax upon the Estate of CostelloAppellate Division of the Supreme Court of the State of New York · 1907