In re Board of Education
New York City Court
Appeal from special tei;m. Petition by the board of education of the city of Brooklyn to acquire title to certain land for the enlargement of the site of a public school in that city. On a discontinuance of the proceeding, an order was entered awarding costs to one of the respondents, Edwin H. Crampton, from which the petitioner appealed to the general term, which affirmed the order; and on such affirmance, a judgment in favor of said respondent was entered on his motion.
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Appeal from special tei;m. Petition by the board of education of the city of Brooklyn to acquire title to certain land for the enlargement of the site of a public school in that city. On a discontinuance of the proceeding, an order was entered awarding costs to one of the respondents, Edwin H. Crampton, from which the petitioner appealed to the general term, which affirmed the order; and on such affirmance, a judgment in favor of said respondent was entered on his motion. A motion by the petitioner to vacate the judgment was denied; and from the order denying this motion the petitioner…
1Opinion of the CourtVan Wyck, J.
This is doubtless a special proceeding, and' should terminate in a final order, and not in a judgment. Code Civil Proc. § 3343, subd. 20; Id. §§ 3333, 3334; Libbey v. Mason, 112 N. Y. 525, 20 N. E. Rep. 355. Therefore we think the order of the general term affirming the special term order, in this proceeding was final, and that it was irregular to enter judgment upon such order. The costs should have been taxed by the clerk, and then inserted in the general term order. Sections 3262-3266. We think the mo*781tian to vacate such judgment should have "been granted. Therefore the order denying the…
2Cases cited1 opinion
- Libbey v. . MasonNew York Court of Appeals · 1889
3Cited by1 opinion
- Sage v. BroderickNew York Supreme Court · 1931