In re Deering
New York Court of Common Pleas
Appeal from an order of this court denying a petition to vacate an assessment. The proceeding was brought under chapter 338, Laws of 1858, as amended by chapter 312, Laws of 1874, and section 898 of the Consolidation Act, to vacate an assessment for regulating, grading, setting curb and gutter-stones, and flagging Tenth Avenue, from Manhattan Street to One Hundred and Fifty-fifth Street in the City of New York. The facts are stated in the opinion.
1Opinion of the Court
Bookstaver,, J. —
The appellant contends the assessment is wholly void on two grounds:
*911st. Because not completed before December 9th, 1880; and
2d. Because it was not made within a reasonable and proper time after the completion of the work.
The first contention is based upon chapter 550, Laws of 1880, which provides: “ All officers charged with any duty connected with the imposition or confirmation of assessments for local improvements in the City of New York, are hereby directed so to perform such duty that assessments for all local improvements heretofore completed, shall be finally passed…
2Cases cited5 opinions
- Clark v. . NortonNew York Court of Appeals · 1872
- Brown v. Mayor of New YorkNew York Court of Appeals · 1875
- Overing v. FooteCommission of Appeals · 1875
- Marsh v. ChesnutIllinois Supreme Court · 1852
- In the Matter of the Application of LangeNew York Court of Appeals · 1881
3Cited by4 opinions
- People ex rel. Schick v. MarvinAppellate Division of the Supreme Court of the State of New York · 1936
- Hollister v. City of RochesterNew York Supreme Court · 1903
- In re HollisterAppellate Division of the Supreme Court of the State of New York · 1904
- In re GibbonsNew York Supreme Court · 1890