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Matter of Brown-Lipe Gear Co. v. Ferris

Court of Appeals of the State of New York
Oct 5, 1937
275 N.Y. 418 (N.Y. 1937)

Opinion

Argued October 1, 1937

Decided October 5, 1937

Appeal from the Supreme Court, Appellate Division, Fourth Department.

James C. Tormey, Corporation Counsel ( A.M. Beach of counsel), for appellants.

Maurice F. Lane for respondent.



We agree with the Appellate Division that the challenged statute (L. 1935, ch. 449) attempts to transfer to a board to be appointed by State officers essential functions theretofore belonging to the Assessors of the city of Syracuse and is, therefore, invalid. (N.Y. Const. art. X, § 2; People v. Raymond, 37 N.Y. 428; People ex rel. Metropolitan St. Ry. Co. v. State Board of Tax Commissioners, 174 N.Y. 417. See Prescott v. Ferris, 251 App. Div. 113.) We pass on no other issue.

The order should be affirmed, without costs, and the questions certified answered in the affirmative.

CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ., concur.

Order affirmed, etc.


Summaries of

Matter of Brown-Lipe Gear Co. v. Ferris

Court of Appeals of the State of New York
Oct 5, 1937
275 N.Y. 418 (N.Y. 1937)
Case details for

Matter of Brown-Lipe Gear Co. v. Ferris

Case Details

Full title:In the Matter of BROWN-LIPE GEAR COMPANY, Respondent, against ARTHUR M…

Court:Court of Appeals of the State of New York

Date published: Oct 5, 1937

Citations

275 N.Y. 418 (N.Y. 1937)
10 N.E.2d 466

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