In re the City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the Long Island Railroad Company from an order and determination of the Public Service Commission of the State of New York for the First District, made on the 27th day of August, 1918.
1Opinion of the Court
Jenks, P. J.:
This appeal is from an order and determination of the Public Service Commission in procedure of extending a street in the city of New York across the tracks of a railroad corporation. The appeal challenges the jurisdiction of the Commission, in that the board of estimate and apportionment did not conform to the procedure prescribed by section 90 of the Railroad Law (as amd. by Laws of 1914, chap. 378) necessary to confer that jurisdiction.
The board of estimate and apportionment did proceed under *317the statute to finality. Although it seems that the appellant had the right to appeal…
2Cases cited9 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Jones v. . SeligmanNew York Court of Appeals · 1880
- Vice v. EdenCourt of Appeals of Kentucky · 1902
- In Re City of Buffalo to Open Delavan AvenueNew York Court of Appeals · 1901
- Alabama & Vicksburg Railway Co. v. OdenealMississippi Supreme Court · 1895
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3Cited by4 opinions
- Boland v. BeebeCity of New York Municipal Court · 1946
- In re the Proposed Opening & Laying Out & Construction of Tennessee AvenueAppellate Division of the Supreme Court of the State of New York · 1925
- In re Laying Out of a Certain Town Highway in the Town of BallstonAppellate Division of the Supreme Court of the State of New York · 1937
- In re Laying Out of a Certain Town Highway in the Town of BallstonAppellate Division of the Supreme Court of the State of New York · 1937