In the Matter of the Application of Church
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 12, 1882, which affirmed an order of Special Term appointing commissioners for the purpose of opening Ninety-second street, in the town of New Utrecht, Kings county, from Seventh avenue to the Shore road; also to appraise the damages for lands taken for such’ improvement, and to assess the amount, together with expenses, upon the property benefited.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 12, 1882, which affirmed an order of Special Term appointing commissioners for the purpose of opening Ninety-second street, in the town of New Utrecht, Kings county, from Seventh avenue to the Shore road; also to appraise the damages for lands taken for such’ improvement, and to assess the amount, together with expenses, upon the property benefited. (Deported below, 28 Hun, 476.) In 1869 an act of the legislature constituted certain town officers of some of the towns in the county of…
1Opinion of the CourtFinch, J.
We are satisfied that the law under which the present application was made is constitutional. It is not a local, as distinguished from a general, act, and so is not prohibited by the fundamental law. (Const., art. 3, §§ 18, 23 ) It is not easy to define with accuracy the difference between the two forms of legislation, and the difficulty is better solved by adding examples to definitions. Of the latter, the most useful and accurate is that given in The Matter of the N. Y. Elevated R. R. (70 N. Y. 328). A law relating to particular persons or things as a class was said to be general; while one…
2Cases cited1 opinion
- Chapman v. . GatesNew York Court of Appeals · 1873
3Cited by60 opinions
- People Ex Rel. New York Electric Lines Co. v. SquireNew York Court of Appeals · 1888
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
- Matter of McAneny v. . Bd. of Estimate, Etc.New York Court of Appeals · 1922
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Admiral Realty Co. v. . City of New YorkNew York Court of Appeals · 1912
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