Majority
p. 845
In the Matter of the Application of The County of Westchester, by The Westchester County Park Commission, Respondent, for an Order of Mandamus against The Common Council of the City of Yonkers, Appellant, Directing the Cancellation of Certain Assessments, etc.
Peremptory mandamus order reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The remedy provided by section 165 of the Second Class Cities Law is exclusive and precludes the granting of an order of mandamus under the circumstances herein. (N. Y. C. & H. R. R. R. Co. v. City of Yonkers, 238 N. Y. 165 .) The case of People ex rel. Erie R. R. Co. v. Tax Comm. ( 246 N. Y. 322 ) concerned Tax Law sections containing language different from the Second Class Cities Law sections and is, therefore, inapplicable. Lazansky, P. J., Rich, Young, Seeger and Carswell, JJ., concur.
Cases cited
- New York Central & Hudson River Railroad v. City of Yonkers 238 N. Y. 165 p. 845
- People ex rel. Erie Railroad v. State Tax Commission 246 N. Y. 322 p. 845