In re the Kingsbridge Road
New York Supreme Court
Motion to dismiss the appeal of James Lynch from the order of the Special Term, confirming the report of commissioners of estimate and assessment, made in an application of the department of public parks, for and in behalf of the mayor, aldermen, and commonalty of the city of Hew York, relative to the opening of Kings-bridge road northwardly from the southerly line of One Hundred and Fiftyrfifth street to the Harlem river, as laid out by the commissioners of the Central park…
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Motion to dismiss the appeal of James Lynch from the order of the Special Term, confirming the report of commissioners of estimate and assessment, made in an application of the department of public parks, for and in behalf of the mayor, aldermen, and commonalty of the city of Hew York, relative to the opening of Kings-bridge road northwardly from the southerly line of One Hundred and Fiftyrfifth street to the Harlem river, as laid out by the commissioners of the Central park of the city of New York.
1Opinion of the Court
Davis, P. J.:
This motion is made upon two grounds: First, that the order is not appealable; second, that notice of appeal has not been given *600to all the parties interested in the confirmation of the report. The notice of appeal was served upon the clerk of the court, and upon the corporation counsel, by whom, as representing the mayor, aldermen, etc., and the commissioners of the Central park, the proceedings to acquire the lands and open the street are conducted, and the motion of confirmation was made. In our opinion this service was regular and sufficient.
The municipal corporation which is…
2Cases cited10 opinions
- Ex parte BurrU.S. Circuit Court for the District of District of Columbia · 1823
- Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
- Starr v. Trustees of RochesterNew York Supreme Court · 1831
- The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
- Lawton v. Commissioners of Highways ex rel. Town of CambridgeNew York Supreme Court · 1804
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