In re the Change of Grade of Nepperhan Street
Appellate Division of the Supreme Court of the State of New York
Appeal by the City of Yonkers from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 9th day of July, 1901, refusing to confirm the report of commissioners appointed in the proceeding and sending the same back for revision and correction to new commissioners named in said order.
1Opinion of the Court
Hirschberg, J.:
The proceedings herein were instituted for a change of the grade of Repperhan street, one of the public streets of the city of Yonkers, pursuant to the provisions of its charter (Laws of 1895, chap. 635). The proceedings are regulated by title 7, entitled “ Of *535Highways, Lamps, Walks and. Streets — Improvements and Assessments.” By section 21 of this title it is provided that the common council of the city, on certain recommendation or petition, may alter the grade of any street or highway. It appears that the common council did alter the grade of Hepperhan street in compliance…
2Cited by3 opinions
- Browning v. BryantNew York Supreme Court · 1942
- R. A. Schoenberg & Co. v. UlmanCity of New York Municipal Court · 1906
- Schoenberg & Co. v. UlmanNew York City Court · 1906