City of Albany v. Yaras

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

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.