Legal Opinion

In Re the Confirmation of the Report of the Commissioners of Assessment

New York Court of Appeals

Decided June 4, 1878PublishedCited by 19 opinions

Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term, confirming an assessment for improving the streets named in the title. The tacts appear sufficiently in the opinion. The acts relating to the improvement in question are local acts.

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Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term, confirming an assessment for improving the streets named in the title. The tacts appear sufficiently in the opinion. The acts relating to the improvement in question are local acts. (People v. Hills, 35 N. Y., 449; People v. O’Brien, 38 id.. 193; People v. Supervisors, etc., 43 id., 10; Adsit v. Allen, 42 id., 378; In re Extension Prospect Park, 60 id., 398.) All the provisions of the act of 1868 (chap. 631), except such as relate to the alteration of the…

1Opinion of the CourtEarl, J.

The assessment in question was laid for the expense of grading and paving De Graw and Douglass streets, and for grading, paving, ornamenting and otherwise improving Sackett street, in the city of Brooklyn. It is assailed on the ground that the legislation which purports to authorize the improvements Avas unconstitutional and void ; and also upon the ground that the proceedings taken under the laws were not in conformity to them and Avere irregular and unauthorized.

The questions presented for our consideration arise under four acts of the Legislature, passed in 1868, 1872, 1873 and 1874. The…

2Cases cited1 opinion

  1. In the Matter of Van AntwerpNew York Court of Appeals · 1874

3Cited by19 opinions

  1. New York & Long Island Bridge Co. v. SmithNew York Court of Appeals · 1896
  2. Economic Power & Construction Co. v. City of BuffaloNew York Court of Appeals · 1909
  3. Coleman v. FrameSupreme Court of Oklahoma · 1910
  4. Tifft v. . City of BuffaloNew York Court of Appeals · 1880
  5. Matter of Application of PaulNew York Court of Appeals · 1884

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