People ex rel. Hunter Arms Co. v. Foster — 251 A.D. 780

Majority

p. 780

The People of the State of New York ex rel. The Hunter Arms Company, Incorporated, and Another, Relators, v. John M. Foster, as Mayor, and Others, Composing the Common Council of the City of Fulton, Oswego County, New York, and Their Respective Successors in Office, Respondents.

In certiorari proceeding determination of the common council in so far as it denies payment of the portion of the taxes levied for county and State purposes, to wit, $4,682.50, with interest, annulled on the law and the common council directed to proceed in similar manner to that directed in People ex rel. Oswego Falls Corp. v. Foster (ante, p. 65), decided herewith, without costs on this appeal to any party, but with disbursements to the relators. All concur; Thompson, J., having been present at the argument of said appeal, but having died on the 7th day of April, 1937, without having taken any part in the determination of this appeal. (Certiorari proceeding to review refusal to return excess of taxes.) Present — Sears, P. J., Bdgcomb, Crosby and Cunningham, JJ.