People ex rel. Bingham v. State Water Supply Commission
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The State Water Supply Commission, from an order of the Supreme Court, made at the Livingston Special Term and entered in the office of the clerk of the county of Livingston on the 15th day of May, 1911, sustaining a writ of certiorari and excluding the lands of the relator from the assessment district in this proceeding, and also from an order entered in said clerk’s office on. the 31st day of March, 1911, denying the defendant’s application to file…
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Appeal by the defendant, The State Water Supply Commission, from an order of the Supreme Court, made at the Livingston Special Term and entered in the office of the clerk of the county of Livingston on the 15th day of May, 1911, sustaining a writ of certiorari and excluding the lands of the relator from the assessment district in this proceeding, and also from an order entered in said clerk’s office on. the 31st day of March, 1911, denying the defendant’s application to file a further and supplemental return to the writ pf certiorari herein. '
1Opinion of the Court
Lambert, J.:
The proceeding is certiorari to review a determination of the appellant. That determination, so to be reviewed, was made in proceedings instituted under the provisions of chapter 734 of the Laws of 1904. The general plan of that statutory enactment and the steps essential to confer jurisdiction have been heretofore fully -discussed by the Court of Appeals, and more especially with reference to the constitutionality of the act. (State Water Supply Commission v. Curtis, 192 N. Y. 319.) That decision relieves us from the necessity of discussing those general features of the act.
The…
2Cases cited2 opinions
- State Water Supply Commission v. CurtisNew York Court of Appeals · 1908
- People ex rel. Bingham v. State Water Supply CommissionNew York Supreme Court · 1911