Legal Opinion

In re the County of Suffolk

New York County Courts

Decided December 17, 1963Published

1Opinion of the CourtGeorge F. X. McInerney, J.

Motion to confirm the final report of the Commissioners is denied. Three Commissioners had been appointed by this court pursuant to section 62 of the Suffolk County Improvement Act. (L. 1927, ch. 190, as amd.; L. 1945, ch. 746, as amd.; L. 1954, ch. 796.) Shortly after qualifying, one of the Commissioners resigned before any testimony had been taken. The two remaining Commissioners then proceeded to take testimony, relying on section 64 of the Suffolk County Improvement Act. The court finds that these hearings were of no effect and they and section 64 are both violative of article I (§ 7,…

2Cases cited4 opinions

  1. City of Oswego v. Montcalm Dock Co.Appellate Division of the Supreme Court of the State of New York · 1935
  2. In re Brooklyn El. R.New York Supreme Court · 1894
  3. In re GilroyAppellate Division of the Supreme Court of the State of New York · 1896
  4. In re Bronx Parkway CommissionNew York Supreme Court · 1919

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