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People ex rel. Baylis v. Board of Supervisors

176 A.D. 888 Court N.Y. App. Div. English

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p. 888
The People of the State of New York ex rel. Daniel H. Baylis, Respondent, v. The Board of Supervisors of Nassau County and Others, Respondents. Elmont Cemetery, Inc., Intervenor, Appellant.

The action of the board of supervisors under section 62 of the Membership Corporations Law[1] was riot judicial but legislative, and is not subject to review by writ of certiorari. (People ex rel. O'Connor v. Supervisors, 153 N. Y. 370 .) Order reversed, with ten dollars costs and disbursements, and motion denied, without costs. Thomas, Carr, Stapleton, Mills and Rich, JJ., concurred.

* See Consol. Laws, chap. 35 (Laws of 1909, chap. 40), § 62, as amd. by Laws of 1911, chap. 706.— [Rep.

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