In re Board of Trustees
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, the Board of Trustees of the Village of White Plains, from an order of the Supreme Court, made at the Westchester Special Term.and entered in the office of the clerk of the county of Westchester on the 22d day of April, 1901, granting its motion to discontinue proceedings instituted by it to open a public highway on its compliance with the terms imposed by the order.
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Appeal by the petitioner, the Board of Trustees of the Village of White Plains, from an order of the Supreme Court, made at the Westchester Special Term.and entered in the office of the clerk of the county of Westchester on the 22d day of April, 1901, granting its motion to discontinue proceedings instituted by it to open a public highway on its compliance with the terms imposed by the order. The material parts of the order appealed from were as follows: “ It is ordered, that the motion to discontinue these proceedings be, and the same hereby is granted upon the following conditions : “ 1st.…
1Opinion of the Court
Goodrich, P. J.:
This is an appeal by the board of trustees of the village of White Plains from an order granting a motion made by the board to discontinue proceedings instituted by it to open a public highway. The parties stipulated that the appellant raises only the question of law, “ that the Court had no power except to discontinue on payment of ordinary taxed costs and disbursements in an action or special proceeding.”
There is no doubt of the power of the court to order a discontinuance. (Matter of Petition of Butler, 101 N. Y. 307.) Indeed, this is conceded in the brief of the appellant.…
2Cases cited2 opinions
- Matter of Petition of ButlerNew York Court of Appeals · 1886
- In Matter, Etc., Waverly Water-Works Co.New York Court of Appeals · 1881
3Cited by4 opinions
- In re Acquiring Title to Nagy StreetNew York Supreme Court · 1917
- In re Bastian, New York County Courts1933
- In re Bastian, New York County Courts1935
- In re Terry, New York County Courts1910