In re Lewis — 48 N.Y. Super. Ct. 536

Majority

p. 536

IN THE MATTER OF THE APPLICATION OF ISAAC LEWIS.

Headnote

New York City—power of court upon petition to summarily order payment of award by Ohamberlain.—Hatch v. Mayor, 43 Super. Gt. 94, foliotoed.

Before Freedman and Russell, JJ.

Decided April 3, 1882.

Appeal from order denying the application of the petitioner for an order that the chamberlain of the city of New York be directed to pay over a certain award for regulating and grading of Madison avenue. The following opinion was delivered at special term, by Sedgwick, J.:

“In the matter of Hatch (43 Su/per. Oí. 94), it was held that ‘ the legislature intended to confine the action of this court under the statute to such disposition of the money as in its discretion may be proper, only so long as the same remains in the hands of the chamberlain,’ and that the statute did not authorize its withdrawal from his hands.’ The case of Hatch v. Mayor (82 W. Y. 436) does not overrule this construction of the statute. The prayer of the petition must, therefore, be denied.”

Evarts and Secor, for petitioner, appellant.

W. C. Whitney, corporation counsel, for respondent.

The court at G-eneral Term, said : “If the power to entertain proceedings of this character in a summary manner exists at all, it should be exercised in such exceptional cases only as are free from doubt as to consequences. The case at bar falls within the principle of the Hatch case (43 Super: Ct. 94), and should be controlled by the decision of that case.”

Opinion by Freedman, J.; Russell, J., concurred.

Order affirmed, with costs.