Incorporated Village of Floral Park v. Anderson

Appellate Division of the Supreme Court of New York

Incorporated Village of Floral Park v. Anderson

237 A.D. 858

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

DecidedDecember 15, 1932

StatusPublished

This text of 237 A.D. 858 (Incorporated Village of Floral Park v. Anderson) 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

Incorporated Village of Floral Park v. Anderson, 237 A.D. 858 (N.Y. Ct. App. 1932).

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Opinion

Peremptory mandamus order modified by inserting therein a provision to the effect that the presiding supervisor of the town of Hempstead and the supervisor of the town of North Hempstead each pay to the county treasurer of Nassau county, for distribution to the incorporated village of Floral Park, whatever interest was earned on the fund which each of them held, erroneously received as a distribution of income tax moneys, to which the village of Floral Park was entitled while such moneys were in their respective control; and as so modified, the order is unanimously affirmed, without costs, in the exercise of discretion. While the procedure was irregular, we think a practical result is reached that does no injustice to any of the parties and brings the matter to a termination. Present — Lazansky, P. J., Kapper, Hagarty, Seudder and Davis, JJ.

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Peremptory mandamus order modified by inserting therein a provision to the effect that the presiding supervisor of the town of Hempstead and the supervisor of the town of North Hempstead each pay to the county treasurer of Nassau county, for distribution to the incorporated village of Floral Park, whatever interest was earned on the fund which each of them held, erroneously received as a distribution of income tax moneys, to which the village of Floral Park was entitled while such moneys were in their respective control; and as so modified, the order is unanimously affirmed, without costs, in the exercise of discretion. While the procedure was irregular, we think a practical result is reached that does no injustice to any of the parties and brings the matter to a termination. Present — Lazansky, P. J., Kapper, Hagarty, Seudder and Davis, JJ.

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Bluebook (online)

237 A.D. 858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/incorporated-village-of-floral-park-v-anderson-nyappdiv-1932.