People ex rel. Industrial School Ass'n v. Craig

The assessments were void at their inception, and mandamus under the circumstaiices is the proper remedy. (Matter of Brooklyn Children’s Aid Society, 166 App. Div. 852; affd., 215 N. Y. 705.) The order of mandamus is, therefore, modified so as to provide for the cancellation of the assessments for opening Richardson street and for widening North Second street; and as so modified affirmed, without costs. Kelly, P. J., Rich, Jaycox, Kapper and Lazansky, JJ., concur.