People ex rel. Jardine v. Brush
Appellate Division of the Supreme Court of the State of New York
Appeal by the.relator, Jessie S,- Jardine, from., an order^of the. Supreme Court, made.-at -the Westchester Special Term and entered in,theiofSc.e.-.of the-clerk of-the county-of: Westchester on the 9’tli day of July, .1906, denying the relator’s-motion for .a peremptory. writ of mandamus....... , Application by an owner of a lot of latid in the city of Mount Vernon "to . cornpel the mayor and 'common council' to" cancel art assessment thereon-for a street-opening. - • The…
Read the full summary
Appeal by the.relator, Jessie S,- Jardine, from., an order^of the. Supreme Court, made.-at -the Westchester Special Term and entered in,theiofSc.e.-.of the-clerk of-the county-of: Westchester on the 9’tli day of July, .1906, denying the relator’s-motion for .a peremptory. writ of mandamus....... , Application by an owner of a lot of latid in the city of Mount Vernon "to . cornpel the mayor and 'common council' to" cancel art assessment thereon-for a street-opening. - • The petitioner, heretofore brought-: a..suit- .against the said city alone for the cancellation of the said assessment on the…
1Opinion of the Court
Gaynor, J.:
Section 6 of chapter 482 of the Laws of 1903 (constituting part of the charter of the city of Mount Vernon), which limits the time for the commencement of “all proceedings”.to vacate or reduce assessments to one year, has no application to this case. This is not such a proceeding. The assessment in question has been adjudged void and vacated in a suit brought for that purpose, and the peremptory writ of mandamus applied for and denied is only to compel the proper officials to do the formal act of vacating on the books. ' "
The order should be reversed and the application granted.
Hirs…
2Cited by2 opinions
- Bussing v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1907
- East v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1908