People ex rel. City of New York v. Neville
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, The City of New York, from part of an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of the Westchester on the 10th day of July, 1916, as amended by an order entered in said clerk’s office on the 18th day of May, 1917. Appeal by the defendants, Robert H. Neville and others, as assessors, from the whole of said order.
1Opinion of the Court
Jenks P. J.:
The respondents to the writ of certiorari admit the application of section 480 of the Greater New York charter (Laws of 1901, chap. 466) in view of Matter of City of New York v. Deyo (158 App. Div. 319; affd., on opinion below, 213 N. Y. 706), but contend that this statute was enacted in violation of section 2 of article 12 of the Constitution, because the bill for enactment was not submitted to the mayor and the legislative body of the city of Yonkers.
The statute provides:
“ § 480. The lands heretofore taken or to be taken for storage, reservoirs, or for other constructions…
2Cases cited10 opinions
- Van Brocklin v. TennesseeSupreme Court of the United States · 1886
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- City of Rochester v. . Town of RushNew York Court of Appeals · 1880
- Chegaray v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1855
- McGrath v. . GroutNew York Court of Appeals · 1902
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3Cited by1 opinion
- People ex rel. City of New York v. PageAppellate Division of the Supreme Court of the State of New York · 1920