Matter of Simmons
New York Court of Appeals
Appeal, by permission, from an order of the Appellate. Division of the Supreme Court in the second judicial department, entered April 21, 1911, which dismissed an appeal from an order of Special Term setting aside a report of commissioners of appraisal in condemnation proceedings and remitting the matter to new commissioners. The facts, so far as material, and the question certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate. Division of the Supreme Court in the second judicial department, entered April 21, 1911, which dismissed an appeal from an order of Special Term setting aside a report of commissioners of appraisal in condemnation proceedings and remitting the matter to new commissioners. The facts, so far as material, and the question certified are stated in the opinion. By force of.the express terms of section 32 of chapter 724 of the Laws of 1905 an appeal will lie to the Appellate Division from an order of the Special Term which sets aside a report…
1Opinion of the CourtHaight, J.
This proceeding was instituted under chapter 724 of the Laws of 1905 for the purpose of acquiring land for water supply purposes. Commissioners were appointed and a report was made valuing the parcel in question at the sum of $76,200. Upon an’ application for a confirmation of the report at Special Term the petitioners objected, and the court set aside the report and directed a new appraisal before new commissioners. Thereupon the claimants appealed from an order of the Special Term to the Appellate Division, second department, and' upon the hearing of that appeal the Appellate Division…
2Cases cited4 opinions
- Matter of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Manhattan Railway v. O'SullivanAppellate Division of the Supreme Court of the State of New York · 1896
- In Re Commissioner of Public WorksNew York Court of Appeals · 1906
- Matter of DalyNew York Court of Appeals · 1907
3Cited by7 opinions
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- Claim of E. I. duPont deNemours Powder Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1920
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1932
- Matter of City of New YorkNew York Court of Appeals · 1914
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913
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