Majority
p. 936In the Matter of the Application of George Henry Warren and Another, as Executors, etc., Appellants, Respondents, for a Writ of Certiorari to Review the Action of the Board of Taxes and Assessments of the City of New York, Respondents, Appellants.
Headnote
Appeal by the executors from an order of the Supreme Court, entered in the New York county clerk’s office on the 3d day of March, 1915, quashing a writ of certiorari to review a tax assessment; and by defendants from so much of said order as fails to award costs, and also from an order denying motion to resettle order.The final order appealed from is modified by awarding costs to the city of New York against Herman Goldman, petitioner, and as so modified affirmed, with ten dollars costs and disbursements to the defendants. The appeal from the order denying motion to resettle is dismissed. Present — Ingraham, P. J., Laughlin, Clarke, Scott and Smith, JJ. Order modified as directed in opinion, and as modified affirmed, with ten dollars costs and disbursements to defendants. Appeal from order denying resettlement dismissed. Order to be settled on notice.