189 N.Y. 34 | NY | 1907
In 1893 proceedings were instituted by the commissioner of public works of the city of New York to *36
acquire, through condemnation, the lands and waters of Lake Gleneida in Putnam county as a part of the water supply of the city of New York. These proceedings resulted in a report of the commissioners appointed to appraise and determine the interest of the claimants in the land sought to be taken, which report, upon motion, was set aside at Special Term and new commissioners appointed, upon the ground, as stated by the judge, that "so much improper evidence was admitted by the commissioners it is clear an erroneous measure of damage was adopted by them if they paid any attention to the evidence, as they apparently did." An appeal was thereupon taken to the Appellate Division, which court affirmed the decision so far as the Raymond and Cole claimants were concerned. (
These proceedings were instituted under chapter 189 of the Laws of 1893, which, so far as essential for the determination of the question now presented, is as follows: "Section 16. The application for a confirmation of the report shall be made to the Supreme Court, at a Special Term thereof, held in the second judicial district. Upon the hearing of the application for the confirmation thereof, the said court shall confirm such report, and make an order containing a recital of the substance of the proceedings in the matter of the appraisal, with a general description of the real estate appraised and for which compensation is to be made," etc. "Section 22. Within twenty days after the notice of the confirmation of the report of the commissioners, as provided in the sixteenth section of this act, * * * either party may, by appeal or notice in writing to the other party, appeal to the Supreme Court from the appraisal and report of the commissioners. * * * On the hearing of such appeal the court may direct a new appraisal and determination of any question passed upon by the same or new commissioners in its discretion, but from any determination of the Special Term an appeal may be taken to the General Term, and from any determination of the General Term either party, if aggrieved, may take an appeal which shall be heard and determined by the Court of Appeals. In the case of a new appraisal the second report shall be final and conclusive on all parties and persons interested."
It will be observed that, under the provisions of section sixteen of the act, the report of the commissioners shall be confirmed by the Special Term and then, under section twenty-two, within twenty days after notice of such confirmation an appeal may be taken "from the appraisal and report of the commissioners," and that the court on such an appeal may direct a new appraisal, which new appraisal shall be final and conclusive. The practice prescribed by this statute was not followed in disposing of the report of the first commissioners of appraisal appointed by the court. Their report was not confirmed. No appeal was taken from their appraisal, but *38 instead their report was set aside by the Special Term and new appraisers appointed.
In Matter of N.Y.C. H.R.R.R. Co. (
The order appealed from should be reversed and the proceedings remitted to the Appellate Division to proceed thereon, with costs of this appeal to the appellants.
CULLEN, Ch. J., O'BRIEN, EDWARD T. BARTLETT, VANN, HISCOCK and CHASE, JJ., concur.
Order reversed, etc.