In the Matter of the Petition of Deering
New York Court of Appeals
Appeal from order of the G-eneral Term of the Supreme Court, in the first' judicial department, dated July 30, 1880, reversing an order of Special Term, which vacated an assessment upon a lot owned by petitioner, for regulating, grading, etc., Tenth avenue, in the city of New York, from One Hundred and Fifty-fifth to One Hundred and Ninety-fourth streets.
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Appeal from order of the G-eneral Term of the Supreme Court, in the first' judicial department, dated July 30, 1880, reversing an order of Special Term, which vacated an assessment upon a lot owned by petitioner, for regulating, grading, etc., Tenth avenue, in the city of New York, from One Hundred and Fifty-fifth to One Hundred and Ninety-fourth streets. The work, for the expense of which the assessment in question was laid, was commenced in 1871, by and under a resolution of the department of public parks. One of the objections taken by the petitioner to the assessment was that there was no…
1Opinion of the CourtRapallo, J.
The principal question-in this case is whether the commissioners of Central park and the departments of public parks and -of public works, as the successors to the powers of such commissioners, were authorized by law to do the work of regulating, grading, curbing, guttering and flagging Tenth avenue north of One Hundred and Fifty-fifth street, or whether the authority to order this work to be done was vested in the common council. There are various other questions in the case; but if the one stated is determined in favor of the petitioner, it is decisive of this appeal.
There is no question…
2Cited by11 opinions
- Chase v. . ChaseNew York Court of Appeals · 1884
- Matter of MunnNew York Court of Appeals · 1900
- Matter of Petition of KnaustNew York Court of Appeals · 1886
- Sloane v. . StevensNew York Court of Appeals · 1887
- People v. HessAppellate Division of the Supreme Court of the State of New York · 1896
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