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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 1, 1938

StatusPublished

Cited by3 cases

This text of 255 A.D. 706 (Gish v. Village of Peekskill) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

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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,

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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,

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Bluebook (online)

255 A.D. 706, 5 N.Y.S.2d 614, 1938 N.Y. App. Div. LEXIS 4865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gish-v-village-of-peekskill-nyappdiv-1938.

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