Gish v. Village of Peekskill

Appellate Division of the Supreme Court of New York

Gish v. Village of Peekskill

255 A.D. 706, 5 N.Y.S.2d 614, 1938 N.Y. App. Div. LEXIS 4865

Appellate Division of the Supreme Court of the State of New York·Decided July 1, 1938·Published·Cited by 3 cases

Opinion

Submission of controversy on an agreed statement of facts between a resident taxpayer and the village of Peekskill. This court is asked to render judgment construing the Charter for the City of Peekskill. It appears that the village is to be governed as a city on and after January 1, 1940. It does not appear that the first question presented has affected the plaintiff’s interests, and the remaining questions are in anticipation of events. The court is of the opinion that the parties, by submitting this controversy, are malting a sincere effort to obtain, in advance of the happening of an event, a construction of certain provisions of the new City Charter. It is not the practice to render advisory opinions. The submission is, therefore, unanimously dismissed, without costs to either party. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ,

Free access — add to your briefcase to read the full text and ask questions with AI

Submission of controversy on an agreed statement of facts between a resident taxpayer and the village of Peekskill. This court is asked to render judgment construing the Charter for the City of Peekskill. It appears that the village is to be governed as a city on and after January 1, 1940. It does not appear that the first question presented has affected the plaintiff’s interests, and the remaining questions are in anticipation of events. The court is of the opinion that the parties, by submitting this controversy, are malting a sincere effort to obtain, in advance of the happening of an event, a construction of certain provisions of the new City Charter. It is not the practice to render advisory opinions. The submission is, therefore, unanimously dismissed, without costs to either party. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ,

Gish v. Village of Peekskill, 255 A.D. 706, 5 N.Y.S.2d 614, 1938 N.Y. App. Div. LEXIS 4865 (N.Y. Ct. App. 1938).

Pincite

255 A.D. 706 (Gish v. Village of Peekskill) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related