Lo Bello v. McLaughlin

Hopkins, Acting P. J. (dissenting).

The parties have not raised any issue concerning the validity of section 127-f of the Charter of the City of Mount Vernon (Local Laws, 1928, No. 1 of City of Mount Vernon, § 8). This provision of the charter has been construed and enforced by us in other proceedings (Matter of Ryan v. Hand, 258 App. Div. 912; cf. Matter of Gray v. Spears, 206 Misc. 1020; see, also, Matter of Skinkle, 249 N. Y. 172). However, I agree that the jurisdiction of this court to hear an appeal is always a matter of inquiry, even on our own motion (cf. Nemeroff Realty Corp. v. Kerr,…