People ex rel. Town of Scarsdale v. Board of Supervisors

Majority

p. 636

The People of the State of New York ex rel. The Town of Scarsdale, Appellant, v. The Board of Supervisors of Westchester County, Respondent.

(Argued June 4, 1912;

decided June 18, 1912.)

Headnote

People ex rel. Town of Scarsdale v. Bd. Suprs. Westchester Co., 149 App. Div. 319 , appeal dismissed.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 4-, 1912, which dismissed a writ of certiorari brought to review the action .of the defendant in establishing a boundary line between the city of New Rochelle and the town of Scarsdale.

Albert Ritchie, Charles H. Young and William Cravath White for appellant.

Charles A. Van Auken for respondent.

While we agree with the court below that the action of the hoard of supervisors was exclusively legislative, we are compelled to dismiss the appeal from the order in its present form.

Appeal dismissed, with costs; no opinion.

Concur: Cullen, Oh. J., G-ray, Werner, Willard ' Bartlett, Hiscock, Chase and Collin, JJ.