64 N.Y.S. 269 | N.Y. Sup. Ct. | 1909
The decision of Mr. Justice Leventritt, made upon the motion heard before him to quash the writ of certiorari in this proceeding, practically decides the question as to the sufficiency -of the allegations of the petition under section 906 of the charter -of Greater Hew York. The only remaining question to be determined is the one raised by the corporation counsel that the writ, not having been applied for within, the fifteen days provided for by section 251 of chapter 908 of the Laws of 1896, known as the General Tax Law, cannot be sustained, although it was obtained within the four months provided for in section 2125 of the Code -of Civil Procedure. It was held in People ex rel. Bronx Gas Co. v. Barker, 22 App. Div. 161, that the provisions of the Tax Law of 1896 (supra) did not apply to the city of Hew York, and that the right to a writ of this nature must be governed by the general rule respecting applications of this character, that is to say, that the application for a writ of certiorari to review the determination of the tax commissioners could be made, and the same granted, -within the time prescribed by section 2125 of the Code. It is true "that that decision was made prior to the adoption of the charter of Greater New York, and although changes in the provisions of the •Consolidation Act, under which act the decision was given, have been made in some respects, still, a comparison of the provisions of that act with those of the charter shows that sections 817-820 and 831 of the Consolidation Act are substantially retained by sections '892-895, 907 and 909 and made a part of the charter, and those provisions were referred to and relied upon in the Bronx case (supra) as showing, “ that the provisions of law relating to the -powers of the commissioners of taxes in the city of New York with respect to the review or correction of assessments are not affected by the Tax Law.” The corporation counsel attempts to avoid the effect of the decision in the Bronx case (supra) and to make the provisions of the Tax Law relative to the fifteen days’ limitation
Motion granted.'