City of New York v. Mitchell — 183 N.Y. 570

Majority

p. 570

In the Matter of the Application of the City of New York, Appellant, for a Writ of Certiorari against Richard Mitchell et al., as Assessors of the Town of Southeast, Respondents.

(Argued January 8, 1906;

decided January 16, 1906.)

Motion to amend remittitur so as to provide that “ the order and judqment appealed from be affirmed, with costs.” (See 183 N. Y. 245 .)

Motion denied, without costs. What appears to be designated in the record on appeal as a judgment of the Appellate Division is, under sections 2141 and 2143 of the Code of Civil Procedure, denominated a final order. It is that order which has been affirmed by this court, and the application is, therefore, unnecessary ; we prefer to adhere to the nomenclature prescribed by the Code.

Cases cited

City of New York v. Mitchell 183 N. Y. 245 N.Y. 1905-12-05 p. 570