Majority
p. 587The People of the State of New York ex rel. Frank E. Dawley, Individually and as President of the American Karakul Fur Sheep Co., Inc., Appellant, v. Charles S. Wilson, Commissioner of the Division of Agriculture of the Department of Farms and Markets of the State of New York, et al., Respondents. (Argued March 9, 1923; decided March 23, 1923.)
Headnote
Certiorari to review decision of commissioner of agriculture on application for award for killing of sheep hy dogs — when proceeding properly remitted to commissioner for new hearing and award.People ex rel. Dawley v. Wilson, 200 App. Div. 537 , affirmed.
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 25, 1922, which remitted this proceeding to the commissioner of agriculture of the department of farms and markets of the state of New York to determine the damages sustained by the relator. The proceeding was certiorari to review the decisions and orders of the commissioner of agriculture of the department of farms and markets and the council of farms and markets of the state of New York, in which it awards to the relator damages for injuries to and the killing of sheep of the relator by dogs. (See 232 N. Y. 12 .)
The following questions were certified: “ 1. Was this proceeding properly remitted by this court to the commissioner of agriculture directing him to make an award upon the correct theory?
“2. If so, was this court in error in' refusing to order said commissioner of agriculture to make his determination solely upon the record heretofore made? ”
Thomas K. Smith for appellant.
Carl Sherman, Attorney-General (Henry P. Nevins and T. Paul McGannon of counsel), for respondents.
p. 588
Order affirmed, with costs; first question certified answered in the affirmative, second question in the negative; no opinion.
Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.
Cases cited
- People ex rel. Dawley v. Wilson 232 N. Y. 12 p. 587