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In re Cruger Ave., Holland Ave., & Maple St.

143 N.Y.S. 811 Court N.Y. App. Div. Decision date 1913-10-17 English

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p. 811
In re CRUGER AVE., HOLLAND AVE., AND MAPLE ST. IN CITY OE NEW YORK.
(Supreme Court, Appellate Division, First Department.
October 17, 1913.)

Headnote

Municipal Corporations (§ 508*)—Street Improvements—Assessment—Appeal—Time.
Greater New York Charter (Laws 1901, c. 466) § 988, as amended by Laws 1906, c. 658, providing that an appeal from an order confirming a report of commissioners of estimate and assessment, not prosecuted within six months, unless time be extended by the court, shall be deemed abandoned, is mandatory, so that the court has no jurisdiction to disregard the same.
[Ed. Note.—For other cases, see Municipal Corporations, Cent. Dig. §§ 1181, 1182; Dec. Dig. § 508.*]
Application of the City of New York to improve Cruger Avenue,
Holland Avenue, and Maple Street. Application to dismiss an appeal from an order confirming a report of commissioners of estimate and assessment. Granted.
Argued before INGRAHAM, P. J., and McLAUGHLIN, LAUGHLIN, CLARKE, and SCOTT, JJ.
William B. R. Faber, of New York City, for the motion.
Charles B. Mason, of New York City, opposed.

The order appealed from was entered on March 10, 1913, appeal taken March 14, 1913, and time to file papers extended to April 18, 1913, when what purported to be the case on appeal was served. Under section 988 of the New York Charter, as amended by chapter 658 of the Laws of 1906, an appeal taken in one of these proceedings and not prosecuted within six months, unless time for prosecution of the appeal be extended by the court, shall be declared abandoned. The provision is mandatory, and the court has no power to disregard it. See Matter of Old Pier, 151 App. Div. 659 , 136 N. Y. Supp. 532 .

Motion granted, with $10 costs.