In re Board of Street Opening & Improvement
New York Supreme Court
Appeal from special term, Hew York county. Application.of the board of street opening and improvement of the city of Hew York, for and on behalf of the mayor, aldermen, and commonalty of the city of Hew York, relative to acquiring title, wherever the same has not been heretofore acquired, to that part bf Wendover avenue (although not yet named by proper authority) extending from Webster avenue to Third avenue, in the Twenty-Fourth ward of the city of Hew York, as the. same…
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Appeal from special term, Hew York county. Application.of the board of street opening and improvement of the city of Hew York, for and on behalf of the mayor, aldermen, and commonalty of the city of Hew York, relative to acquiring title, wherever the same has not been heretofore acquired, to that part bf Wendover avenue (although not yet named by proper authority) extending from Webster avenue to Third avenue, in the Twenty-Fourth ward of the city of Hew York, as the. same has heretofore been laid out and designated as a first-class street or road by the department of public parks. On the…
1Opinion of the CourtPatterson, J.
Concerning the order denying the application to resettle the final order confirming the report of the commissioners byreciting therein that a certain affidavit was presented and read in opposition to the motion, it is sufficient to say that such affidavit (which by stipulation was, printed with the record simply for the inspection of the court) was not of such a character as entitled the appellant to submit it as a matter of right, but it was within the discretion of the court to permit it to be put in. That such permission was not given appears from the order of the court refusing to have it…
2Cases cited1 opinion
- In re WilliamNew York Supreme Court · 1839
3Cited by4 opinions
- In re Opening Brook AvenueAppellate Division of the Supreme Court of the State of New York · 1896
- In re the City of New YorkNew York Supreme Court · 1914
- In re Acquiring Title To Washington AvenueNew York Supreme Court · 1901
- In re Board of Street Opening & ImprovementNew York Supreme Court · 1893