City of Albany v. Yaras — 6 N.Y.2d 749

Majority

p. 749

City of Albany, Appellant, v. Coplin Yaras, Respondent, et al., Defendants.

Argued January 5, 1959;

decided April 16, 1959.

p. 751

John W. Hacker, Corporation Counsel, for appellant.

C. Dickerman Williams and Coplin Taras, in person, for Coplin Yaras, respondent.

Order reversed, with costs in this court and in the Appellate Division, in the following Per Curiam: We hold that the order was appealable to the Appellate Division. Upon this record, the County Judge and the Commissioners of Appraisal may not be removed. (Judiciary Law, § 14; Matter of Hancock, 91 N. Y. 284 , 292-293; Matter of Dodge & Stevenson Mfg. Co., 77 N. Y. 101 ; Matter of Rotwein [Goodman], 291 N. Y. 116 , 123; County of Orange v. Storm King Stone Co., 229 N. Y. 460 , 467.) The three questions certified [(a), (b) and (c)] are answered as follows: (a) in the affirmative; (b) in the negative; (c) not answered. Motion to strike material from respondent’s brief granted to the extent of striking therefrom the material contained at pages 61 to 70; motion otherwise denied.

Concur: Chief Judge Conway and Judges Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke.

Cases cited

In re the Probate of the last Will & Testament of Hancock 91 N. Y. 284 N.Y. 1883-01-30 at 292-293 p. 751
In re the Appointment of a Receiver of the Late Dodge & Stevenson Manufacturing Co. 77 N. Y. 101 N.Y. 1879-04-22 p. 751
In re Rotwein 291 N. Y. 116 N.Y. 1943-10-14 at 123 p. 751
County of Orange v. Storm King Stone Co. 229 N. Y. 460 N.Y. 1920-10-19 at 467 p. 751

Statutes and regulations cited

Judiciary Law p. 751