Matter of Brown-Lipe Gear Co. v. Ferris
This text of 10 N.E.2d 466 (Matter of Brown-Lipe Gear Co. v. Ferris) 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.
Opinion
We agree with the Appellate Division that the challenged statute (L. 1935, ch. 449) attempts to transfer to a board to be appointed by State officers essential functions theretofore belonging to the Assessors of the city of Syracuse and is, therefore, invalid. (N. Y. Const, art. X, § 2; People v. Raymond, 37 N. Y. 428; People ex rel. Metropolitan St. Ry. Co. v. State Board of Tax Commissioners, 174 N. Y. 417. See Prescott v. Ferris, 251 App. Div. 113.) We pass on no other issue.
The order should be affirmed, without costs, and the questions certified answered in the affirmative.
Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ., concur.
Order affirmed, etc.
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Cite This Page — Counsel Stack
10 N.E.2d 466, 275 N.Y. 418, 1937 N.Y. LEXIS 1441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-brown-lipe-gear-co-v-ferris-ny-1937.