Park Management Co. v. City of Yonkers

New York Court of Appeals

Park Management Co. v. City of Yonkers

3 N.Y.2d 1016, 170 N.Y.S.2d 350

DecidedDecember 6, 1957

StatusPublished

This text of 3 N.Y.2d 1016 (Park Management Co. v. City of Yonkers) 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.

Bluebook

Park Management Co. v. City of Yonkers, 3 N.Y.2d 1016, 170 N.Y.S.2d 350 (N.Y. 1957).

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Opinion

Per Curiam.

The judgment from which leave to appeal is sought is based upon (1) lack of published notice to plaintiffs of application to the court for the appointment of commissioners charged with the duty of apportioning and assessing the cost of the improvement as required by the City Charter, and (2) omission of the commissioners (who are the assessing officers) to hold a hearing on notice to plaintiffs concerning any grievances which they might have to the tentative apportionment and assessment of the total improvement cost made in the report of the commissioners against plaintiffs’ several properties. The City Charter (art. VI, § 11, as amd. by L. 1912, ch. 424, § 3) contained an express authorization for such a grievance day which appears to have been omitted from its amendment by chapter 768 of the Laws of 1951. In whatever further proceedings may be taken, questions may arise concerning whether the constitutional right to a hearing on the tentative assessments is satisfied by the new proceedings, and whether the amended City Charter continues to satisfy this constitutional requirement by providing by implication for such a hearing before commissioners. These questions are not presented by the present record, inasmuch as no such hearing was conducted by these commissioners.

Motion for leave to appeal denied, with $10 costs and necessary printing disbursements.

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Per Curiam.

The judgment from which leave to appeal is sought is based upon (1) lack of published notice to plaintiffs of application to the court for the appointment of commissioners charged with the duty of apportioning and assessing the cost of the improvement as required by the City Charter, and (2) omission of the commissioners (who are the assessing officers) to hold a hearing on notice to plaintiffs concerning any grievances which they might have to the tentative apportionment and assessment of the total improvement cost made in the report of the commissioners against plaintiffs’ several properties. The City Charter (art. VI, § 11, as amd. by L. 1912, ch. 424, § 3) contained an express authorization for such a grievance day which appears to have been omitted from its amendment by chapter 768 of the Laws of 1951. In whatever further proceedings may be taken, questions may arise concerning whether the constitutional right to a hearing on the tentative assessments is satisfied by the new proceedings, and whether the amended City Charter continues to satisfy this constitutional requirement by providing by implication for such a hearing before commissioners. These questions are not presented by the present record, inasmuch as no such hearing was conducted by these commissioners.

Motion for leave to appeal denied, with $10 costs and necessary printing disbursements.

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Bluebook (online)

3 N.Y.2d 1016, 170 N.Y.S.2d 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/park-management-co-v-city-of-yonkers-ny-1957.