City of Albany v. Yaras

New York Court of Appeals

City of Albany v. Yaras

158 N.E.2d 855, 6 N.Y.2d 749

DecidedApril 16, 1959

StatusPublished

This text of 158 N.E.2d 855 (City of Albany v. Yaras) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Albany v. Yaras, 158 N.E.2d 855, 6 N.Y.2d 749 (N.Y. 1959).

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Opinion

Order reversed, with costs in this court and in the Appellate Division, in the following Per Curiam: We hold that the order was appealable to the Appellate Division. Upon this record, the County Judge and the Commissioners of Appraisal may not be removed. (Judiciary Law, § 14; Matter of Hancock, 91 N. Y. 284, 292-293; Matter of Dodge & Stevenson Mfg. Co., 77 N. Y. 101; Matter of Rotwein [Goodman], 291 N. Y. 116, 123; County of Orange v. Storm King Stone Co., 229 N. Y. 460, 467.) The three questions certified [(a), (b) and (c)] are answered as follows: (a) in the affirmative; (b) in the negative; (c) not answered. Motion to strike material from respondent’s brief granted to the extent of striking therefrom the material contained at pages 61 to 70; motion otherwise denied.

Concur: Chief Judge Conway and Judges Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke.

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Order reversed, with costs in this court and in the Appellate Division, in the following Per Curiam: We hold that the order was appealable to the Appellate Division. Upon this record, the County Judge and the Commissioners of Appraisal may not be removed. (Judiciary Law, § 14; Matter of Hancock, 91 N. Y. 284, 292-293; Matter of Dodge & Stevenson Mfg. Co., 77 N. Y. 101; Matter of Rotwein [Goodman], 291 N. Y. 116, 123; County of Orange v. Storm King Stone Co., 229 N. Y. 460, 467.) The three questions certified [(a), (b) and (c)] are answered as follows: (a) in the affirmative; (b) in the negative; (c) not answered. Motion to strike material from respondent’s brief granted to the extent of striking therefrom the material contained at pages 61 to 70; motion otherwise denied.

Concur: Chief Judge Conway and Judges Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke.

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158 N.E.2d 855, 6 N.Y.2d 749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-albany-v-yaras-ny-1959.

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