Legal Opinion

In re the Appeal of Keep

Appellate Division of the Supreme Court of the State of New York

Decided June 27, 1934PublishedCited by 10 opinions

1Opinion of the CourtLewis, J.

We must here determine whether section 23 of the Civil Practice Act can be invoked to extend the time to appeal fixed by a special statute where such limitation is inherent in the right of review.

On September 9, 1929, the common council of the city of Lock-port confirmed a local assessment for water service piping in a city street. An appeal from the resolution and the assessment which it confirmed was taken by a number of aggrieved property owners. That appeal was to the Supreme Cotut where, following a trial of the issues before an official referee, the assessment was vacated *557and set aside.…

2Cases cited8 opinions

  1. The HarrisburgSupreme Court of the United States · 1886
  2. Hill v. Board of SupervisorsNew York Court of Appeals · 1890
  3. Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
  4. Hayden v. . PierceNew York Court of Appeals · 1895
  5. Titus v. . PooleNew York Court of Appeals · 1895

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3Cited by10 opinions

  1. Kerr v. St. Luke's HospitalNew York Supreme Court · 1940
  2. Powers v. FoleyAppellate Division of the Supreme Court of the State of New York · 1966
  3. In re the Estate of KupofskyNew York Surrogate's Court · 1951
  4. Levinsky v. KrautAppellate Division of the Supreme Court of the State of New York · 1986
  5. Balzano v. Port of New York AuthorityAppellate Division of the Supreme Court of the State of New York · 1965

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