82 N.Y. 506 | NY | 1880
The order made by the Special Term was that the writ be quashed, and it was intimated upon the argument that under the practice of this court in such cases the appeal must be dismissed, but at request of the appellant's counsel the case was held, to enable him to hand up points and authorities to the contrary. We are still of the opinion that this trouble might have been spared. It had been frequently decided that the Supreme Court has a discretionary power to grant or withhold a common-lawcertiorari. (In re Mount Morris Square, 2 Hill, 28; Peopleex rel. Vanderbilt v. Stilwell,
The relator was removed from office April 1, 1876. The writ ofcertiorari was applied for March 1, 1878. This delay might well be considered unreasonable, and as amounting to acquiescence in the action of the department. Such a question was not presented in The People ex rel. The Citizens' Gas Co. v. The Board ofAssessors (
We think the appeal should be dismissed.
All concur.
Appeal dismissed. *509