In re Marshall — 27 N.Y. St. Rep. 889

Majority

p. 889

In the Matter of Jesse A. Marshall to Vacate Assessment.

(Supreme Court, General Term, First Department,

Filed December 2, 1889.)

Headnote

Abatement and revtvor—Assessments.

A proceeding to vacate an assessment is a special proceeding, and is entirely abated by the decease of the petitioner.

Appeal from order denying motion for a revival of this proceeding.

T. F. Neville, for app’lt; G. L. Sterling, for resp’t

The denial of this motion seems to have been fully justified by the principles laid down in the Matter of the Petition of Marshall O. Roberts, decided by this court on the 9th of July, 1889, 24 N. Y. State Rep., 993, where it was held that this was a special proceeding and under the rule applied in Leavy v. Gardner, 63 N. Y., 624 , it was entirely abated by the decease of the petitioner.

The order should be affirmed, with ten dollars costs and disbursements.

Bartlett and Barrett, JJ., concur.