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People ex rel. Rochester Ry. Light Co. v. Stearns

97 N.Y.S. 1144 Court N.Y. App. Div. Decision date 1906-03-22 English

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p. 1144
PEOPLE ex rel. ROCHESTER RY . LIGHT CO. v. STEARNS et al., Tax Com’rs In re CITY OF ROCHESTER.
(Supreme Court, Appellate Division, Third Department
March 22, 1906.)

Headnote

Proceeding by the people o: the state of New York, on the relation of the Rochester Railway & Light Company, againsi Lester If. Stearns and others, as tax commis sioners of the state of New York, constituting the state board of tax commissioners. In th< matter of the application of the city of Roches ter for leave to intervene.

No opinion. Motion for leave to go to Court of Appeals granted and question certified as follows: “Has the Supreme Court power, in this proceeding, tc allow the city of Rochester, upon its application, after the issuance of the writ of certiorari and service thereof upon the state board oi tax commissioners, and. after the service of a return thereto, to intervene as a party defendant herein ?”