Majority
p. 682In the Matter of the Petition of Wilbur Alexander et al., to Vacate an Assessment. (Supreme Court, General Term, Third Department, Filed September 14, 1892.)
Headnote
Appeal from order restraining the chamberlain of the city of Albany from selling lands of petitioners for the purpose of collecting an assessment for an alleged street improvement in Myrtle avenue in said city.John A. Delehanty, for the city ; Alden Chester, for petitioners, resp’ts; Rosendale & Hessberg (Albert Hessberg, of counsel), for contractor; John T. McDonough (Henry E. Stern, of counsel), for petitioners, resp’ts.
—This is an appeal from an order restraining- and enjoining the chamberlain of the city of Albany from selling-the lands of the petitioners, for the purpose of collecting an assessment for alleged street improvements in said city. The proceedings are in all essential particulars' like the proceedings in the matter of the petition of Bridgford decided at this term, and we see no-reason for an extended discussion of the same, but think it must, be disposed, of upon the opinion written in that case.
Order reversed, with costs to the defendant
Putnam, J., concurs.