193 A.D. 215 | N.Y. App. Div. | 1920
The appellant, landlord, insists that the act of the Legislature, Laws of 1920, chapter 137, is unconstitutional in so far as it authorizes a court or judge or justice to stay the execution of a warrant in summary proceedings for such period, not more than twelve months, as the court, judge or justice in its or his discretion may deem proper. Courts are reluctant to declare the action of the co-ordinate branch of government unconstitutional and should not do so unless a clear case is presented necessitating such decision. The case at bar is argued by the landlord, appellant. The tenant, respondent,
The final order of the county judge of Kings county appealed from should be reversed, with ten dollars costs and disbursements, in so far as the same provides for a stay of the execution of the warrant until August 1, 1920.
Jenks, P. J., Mills, Blackmar, Kelly and Jaycox, JJ., concur.
Final order of the County Court of Kings county reversed, with ten dollars costs and disbursements, in so far as the same provides for a stay of the execution of the warrant until August 1, 1920.