Majority
p. 918In the Matter of The Deaf & Dumb Institution to Vacate Assessment. (Supreme Court, General Term, First Department, Filed December 2, 1889.)
Headnote
Municipal corporations—Assessments—Laws 1865, chap. 565.Chapter 565, Laws of 1865, which contains a provision restricting the amount to he assessed upon property benefited to one-half the expense in case of streets more than one mile in length, has been repealed by implication.
Appeal from order of special term, denying motion to vacate assessment.
Proceeding to vacate or reduce assessments for paving and for regulating Eleventh avenue from One Hundred and Fifty-fifth street to Kingsbridge road. The only ground relied on -by petitioner is that as Eleventh avenue is more than a mile in length not more than one-half of the expense of the work done can be assessed on the property owners, which contention is based on a provision to that effect in § 8 of chap. 565, Laws 1865.
No such provision is contained in the consolidation act of 1880. The act of 1874, chap. 604, retains this provision as to assessment of one-half the expense in such cases. Chapter 551, Laws of 1866, amending chap. 381, Laws of 1865, provides that the Croton Aqueduct Board should certify to the board of assessors the expense of building a sewer upon its completion, so that an assessment may be imposed on the property benefited.
J. A. Deering, for app’lt; G. L. Sterling, for resp’t.
The question involved in the appeal in this case seems to be disposed of by the decision in the Matter of Wheelock, 51 Hun, 640 ; 21 N. Y. State Rep., 369.
The order appealed from should therefore be affirmed, with ten dollars costs and disbursements.
Van Brunt, P. J., Bartlett and Barrett, JJ., concur.