In re Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the Woodlawn Cemetery from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk'of the county of Hew York on the 18th day of August, 1897, appointing commissioners of estimate and assessment for the purpose of opening Mount Vernon avenue from Jerome avenue to the northern boundary of-the city of Hew York.
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Appeal by the Woodlawn Cemetery from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk'of the county of Hew York on the 18th day of August, 1897, appointing commissioners of estimate and assessment for the purpose of opening Mount Vernon avenue from Jerome avenue to the northern boundary of-the city of Hew York. Chapter 712 of the Laws of 1896 is entitled “ An act in relation to the final maps, plans and profiles of the twenty-third and twenty-fourth wards of the city of Hew York,” and provides by its 2d section as follows: “Ho limitation…
1Opinion of the Court
Rumsey, J.:
Mt. Vernon avenue was-laid out as a street of the first class in the city of Hew York in 1876, and the maps and profiles were filed *520in the proper office in due time. As laid out upon the maps it' passed through a portion of the lands owned for cemetery purposes by the Woodlawn Cemetery, an association organized. under chapter 133 of the Laws of 1847, generally known as the Rural Cemetery Act. Although the street was laid out so many years ago, no steps were taken to open it until the year 1897, when the usual formal notice was given that an application would be .made to the court…
2Cited by4 opinions
- Society of the New York Hospital v. JohhsonNew York Court of Appeals · 1958
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
- County of Suffolk v. Pinelawn CemeteryAppellate Division of the Supreme Court of the State of New York · 1987
- Society of the New York Hospital v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1958