Opinion
Argued October 19, 1934
Decided November 20, 1934
Appeal from the Supreme Court, Appellate Division, Third Department.
Charles J. Tobin and Robert C. Killough, Jr., for appellant.
John J. Bennett, Jr., Attorney-General ( Edward J. Grogan, Jr., and Leo W. Begley of counsel), for respondent.
Paul Windels, Corporation Counsel ( William H. King and Isaac Phillips of counsel), for City of New York, amicus curiae.
Order affirmed, with costs; no opinion.
Concur: POUND, Ch. J., O'BRIEN, HUBBS, CROUCH and LOUGHRAN, JJ. Not sitting: LEHMAN, J. CRANE, J., dissents in the following memorandum:
If the words "after the final completion and filing of the assessment roll, and the first posting or publication of the notice thereof as required by law" (Tax Law, § 46; Cons. Laws, ch. 60) do not apply to New York city in cases of real estate assessment, I do not see how the same words do apply to start the time running in special franchise assessments in New York city. ( People ex rel. Jamaica Water Supply Co. v. State Board of Tax Commissioners, 196 N.Y. 39; People ex rel. Thomson v. Feitner, 168 N.Y. 441, at pp. 446-449.)
Order affirmed.