Legal Opinion

In re Opening of Delavan Avenue

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 3 opinions

Motion by thé City of Buffalo for a writ of certiorari, to be addressed to the common council of the city of Buffalo, to return. all matters upon which it acted in laying out Delavan avenue in said city.

1Opinion of the Court

Rumsey, J.:

In the month of July, 1900, the common council of the city of Buffalo passed an ordinance determining that it was necessary to open Delavan avenue across the tracks and right of way of the New York Central and Hudson River Railroad Company, and directing the corporation counsel to apply to the Board of Railroad Commissioners to ascertain the manner in which the avenue should cross the tracks in accordance with the provisions of section 61 of the Railroad Law. The matter had evidently been pending before the common council for some time and had been in charge of a committee ; notice…

2Cases cited2 opinions

  1. In Re City of Buffalo to Open Delavan AvenueNew York Court of Appeals · 1901
  2. Graham v. PeopleNew York Supreme Court · 1871

3Cited by3 opinions

  1. In re Laying Out of a Certain Town Highway in the Town of BallstonAppellate Division of the Supreme Court of the State of New York · 1937
  2. In re Laying Out of a Certain Town Highway in the Town of BallstonAppellate Division of the Supreme Court of the State of New York · 1937
  3. In re Opening of Delavan AvenueAppellate Division of the Supreme Court of the State of New York · 1901

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