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In re East Avenue Baptist Church

11 N.Y.S. 113 Court N.Y. Gen. Term Decision date 1890-07-18 English

Delivered by Barnard, P. J.

Contents

Majority

p. 113
In re East Avenue Baptist Church.
(Supreme Court, General Term, Second Department.
July 18, 1890.)

Headnote

Taxation—Assessment and Levy—Curative Acts.
Where tax proceedings are otherwise valid, the failure of the assessors to make and attach to the rolls the affidavit required by law is an irregularity which may be cured by a subsequent act.
Appeal from special term, Westchester county.
Application by the East Avenue Baptist Church of Long Island City for an order directing the city treasurer to cancel water rates and rents. From an order granting the application the treasurer appeals.
Argued before Barnard, P. J., and Dykman and Pratt, JJ.
W. J. Foster, for appellant. J. Ralph Burnett, for respondent.

The facts in this case are identical with the facts presented in Re Lamb, 4 N. Y. Supp. 858 . Under that case, and the case of People v. Bleckwenn, 7 N. Y. Supp. 914 , the order on this appeal should be reversed, with costs and disbursements, and the application denied, with costs. All concur.