Legal Opinion

In re City of Rochester

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1905PublishedCited by 3 opinions

Appeal by Mary J. McLean from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 7th day of December, 1903, appointing commissioners of appraisal in the above-entitled proceeding, and also from an order entered in said clerk’s office on the 20th day of July, 1904, confirming the report of said commissioners and directing the payment to the appellant of the award in accordance with such report.

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Appeal by Mary J. McLean from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 7th day of December, 1903, appointing commissioners of appraisal in the above-entitled proceeding, and also from an order entered in said clerk’s office on the 20th day of July, 1904, confirming the report of said commissioners and directing the payment to the appellant of the award in accordance with such report. Tiie proceeding was commenced on the 8th day of September, 1903, by the city of Rochester, to acquire by condemnation…

1Opinion of the Court

McLennan, P. J.:

The facts are not controverted. On the 8th day of September, 1903, a map signed by the president of the park board of the city of Rochester was made, showing the property in question, and was filed in the office of the clerk of Monroe county and also in the office.of the clerk of the city of Rochester, pursuant to a resolution *183of the board of park commissioners, passed August 29, 1903, which requested the common council of the city of Rochester to declare by resolution that the city intends to take the land known as the “ Riley Triangle ” for park purposes. On the same day, to…

2Cases cited1 opinion

  1. Matter of Union E.R.R. Co. of BrooklynNew York Court of Appeals · 1889

3Cited by3 opinions

  1. Triborough Bridge & Tunnel Authority v. FoleyNew York Supreme Court · 1962
  2. In re HuieNew York Supreme Court · 1956
  3. Schroeder v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1961

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