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Gish v. Village of Peekskill

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1938
255 App. Div. 706 (N.Y. App. Div. 1938)

Opinion

July 1, 1938.

Present — Lazansky, P.J., Hagarty, Carswell, Adel and Close, JJ.


Submission of controversy on an agreed statement of facts between a resident taxpayer and the village of Peekskill. This court is asked to render judgment construing the Charter for the City of Peekskill. It appears that the village is to be governed as a city on and after January 1, 1940. It does not appear that the first question presented has affected the plaintiff's interests, and the remaining questions are in anticipation of events. The court is of the opinion that the parties, by submitting this controversy, are making a sincere effort to obtain, in advance of the happening of an event, a construction of certain provisions of the new City Charter. It is not the practice to render advisory opinions. The submission is, therefore, unanimously dismissed, without costs to either party.


Summaries of

Gish v. Village of Peekskill

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1938
255 App. Div. 706 (N.Y. App. Div. 1938)
Case details for

Gish v. Village of Peekskill

Case Details

Full title:JOHN N. GISH, Plaintiff, v. VILLAGE OF PEEKSKILL, Defendant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 1, 1938

Citations

255 App. Div. 706 (N.Y. App. Div. 1938)

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