People ex rel. Schwarz v. Miller

Appellate Division of the Supreme Court of New York

People ex rel. Schwarz v. Miller

256 A.D. 956, 11 N.Y.S.2d 231, 1939 N.Y. App. Div. LEXIS 5615

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

DecidedFebruary 28, 1939

StatusPublished

This text of 256 A.D. 956 (People ex rel. Schwarz v. Miller) 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

People ex rel. Schwarz v. Miller, 256 A.D. 956, 11 N.Y.S.2d 231, 1939 N.Y. App. Div. LEXIS 5615 (N.Y. Ct. App. 1939).

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Opinion

The relator filed an application with the commissioners of taxes and assessments of the city of New York on a form provided by the commissioners which contained an affidavit for verification of his claim for correction of the assessed value of his real estate. The application was not verified. The property owner then obtained a writ of certiorari and, after return, a motion was made to dismiss the writ on the ground that the original application was not verified. The motion was granted at Special Term. Order affirmed, with ten dollars costs and disbursements, on the authority of People ex rel. Laurelton Development Co., Inc., v. Purdy (190 App. Div. 957) and People ex rel. McCutcheon v. Miller (255 id. 957 [1st Dept], decided December 16, 1938). Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur.

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The relator filed an application with the commissioners of taxes and assessments of the city of New York on a form provided by the commissioners which contained an affidavit for verification of his claim for correction of the assessed value of his real estate. The application was not verified. The property owner then obtained a writ of certiorari and, after return, a motion was made to dismiss the writ on the ground that the original application was not verified. The motion was granted at Special Term. Order affirmed, with ten dollars costs and disbursements, on the authority of People ex rel. Laurelton Development Co., Inc., v. Purdy (190 App. Div. 957) and People ex rel. McCutcheon v. Miller (255 id. 957 [1st Dept], decided December 16, 1938). Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur.

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Bluebook (online)

256 A.D. 956, 11 N.Y.S.2d 231, 1939 N.Y. App. Div. LEXIS 5615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-schwarz-v-miller-nyappdiv-1939.