p. 596The People of the State of New York ex rel. George S. Abell, Respondent, v. John H. Clarkson et al., Composing the Board of Trustees of the Village of Cornwall, Respondents. John E. Preston et al., Intervenors, Appellants. (Argued September 27, 1926; decided October 12, 1926.)
Headnote
Practice — jurisdiction — power of Supreme Court to set aside order of discontinuance and restore certiorari proceeding.People ex rel. Abell v. Clarkson, 217 App. Div. 746 , affirmed.
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 1, 1926, which affirmed an
p. 597
order of Special Term denying a motion to vacate a prior order vacating an order of discontinuance and restoring and reinstating the above-entitled certiorari proceeding.
The following question, among others which have become immaterial, was certified:
“ First. Had the Supreme Court power to grant the order of July 24, 1925, reviving this certiorari proceeding? ”
Order affirmed, with costs; first question certified answered in the affirmative, other questions not answered;
Henry Hunter and Henry Kohl for appellants.
Henry Hirschberg and Milton De Baun for respondents.
no opinion.
Concur: His cock, Ch. J., Cabdozo, Pound, McLaugh- ■ lin, Crane and Andrews, JJ. Absent: Lehman, J.