People ex rel. Moenig v. Commissioners of the Land Office
Appellate Division of the Supreme Court of the State of New York
Appeal by the relators, Frank C. Moenig and others, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 10th day of May, 1918, quashing and dismissing the writ of certiorari herein as a matter of law and not in the exercise of discretion.
1Opinion of the Court
John M. Kellogg, P. J.:
The writ sought a review of the determination of the Commissioners of the Land Office granting certain lands under navigable waters to the respondent Bull and other lands to the respondent village. The application to dismiss the writ was brought by the Commissioners before the .court, *141upon, an order to show cause which recited that sufficient cause appeared therefor in the affidavit. The moving affidavit contains a history of the case, as the Commissioners understand it, but does not definitely point to any ground as the basis for the motion. The order appealed from is…
2Cases cited4 opinions
- People Ex Rel. Burnham v. . JonesNew York Court of Appeals · 1889
- People Ex Rel. Gleason v. . PurdyNew York Court of Appeals · 1918
- People ex rel. Town of Oyster Bay v. WoodruffAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Tracy v. WoodruffAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Haase v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1923