In Re Board of Street Opening & Improvement
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 18, 1892, which affirmed an order of Special Term confirming the report of commissioners of assessment.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 18, 1892, which affirmed an order of Special Term confirming the report of commissioners of assessment. The proceeding was commenced by the board of street opening and improvement of the city of New York for and on behalf of the mayor, aldermen and commonalty of the city of New York, for the purpose of opening that part of Alexander avenue extending from Harlem river to Third avenue in the twenty-third ward of the city of New York, as a first-class street, pursuant…
1Opinion of the CourtPeckham, J.
It is urged by the counsel for the city that the order in this proceeding is not appealable to this court.
The general rule is as claimed by the counsel, and so we have decided many times (Matter of Board of Street Opening, etc., 111 N. Y. 581, and cases cited.)
It is contended, however, that tliis is somewhat of a different case, inasmuch as it appears in the order that a request to discontinue was made and denied. The order does recite that objection was set up to the confirmation and a request made for the discontinuance of the proceedings upon the coming in of the report, and the request…
2Cases cited1 opinion
- In Re the Board of Street Opening & ImprovementNew York Court of Appeals · 1888
3Cited by2 opinions
- Matter of Corporation Counsel of the City of New YorkNew York Court of Appeals · 1920
- Conger v. TreadwayNew York Supreme Court · 1889