Legal Opinion · Concurrence

In re Mayor of New York

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

Decided July 1, 1904Published

Appeal by The City of New York from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of July, 1901, as amended by two orders entered respectively in said clerk’s office on the 28th day of June, 1901, and on the 12th day of August, 1901, as refuses to confirm the report of commissioners of estimate and assessment theretofore appointed in the proceeding as to certain…

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Appeal by The City of New York from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of July, 1901, as amended by two orders entered respectively in said clerk’s office on the 28th day of June, 1901, and on the 12th day of August, 1901, as refuses to confirm the report of commissioners of estimate and assessment theretofore appointed in the proceeding as to certain assessments for benefits.

1Concurrence

O’Brien, J. (concurring):

By virtue of chapter 727 of the Laws of 1896, entitled “ An act to provide for an addition to Riverside park in the city of New York,” the park commissioners adopted a resolution on July 27, 1896, requesting the corporation counsel to initiate this proceeding, and as the result “ commissioners of estimate and assessment,” as provided in the act, were appointed by the court in December, 1896, public notice of the application for their appointment having previously been given on November 23, 1896, and on successive days. There was no opposition to their appointment, and…

2Cases cited11 opinions

  1. Stuart v. . PalmerNew York Court of Appeals · 1878
  2. Burch v. . NewburyNew York Court of Appeals · 1852
  3. Haney v. StateSupreme Court of Arkansas · 1879
  4. Chambers v. StateTexas Supreme Court · 1860
  5. In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899

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