Majority
p. 993In the Matter of the Petition of Frederick Schloman to Vacate an Assessment for Sewers in Fifty-first and Fifty-sixth Streets. (Supreme Court, General Term, First Department, Filed July 9, 1889.)
Headnote
Abatement and revivad—Taxes and assessments—Proceedings to vacate—When not revived.Where, after proceedings commenced to vacate an assessment for a sewer, the petitioner dies and his executors make no application to revive or continue the proceedings until nearly fourteen years after the petitioner’s death, a motion to revive the proceedings in their behalf will be denied.
Appeal from an order denying a motion to revive the proceedings by making the executors of the petitioner the parties thereto in his behalf.
P. A. Hargous, for app’lt; Q. L. Sterling, for resp’t.
J.—This proceeding was commenced in December, 1873, and it has been allowed to remain in the condition in which it was placed by the service of the petition since then, until the present time. The petitioner himself died in June, 1875, and in the following month letters testamentary were issued upon his estate, to his executors, who made no application whatever to revive or continue the proceedings until the service of their notice of motion in the latter part of February, 1888.
For the reasons which have been given in the other cases already considered, this was sufficient to justify the order made by the court, and it should be affirmed, without costs. Van Brunt, Oh. J., and Brady, J., concur.