Matter of Brown-Lipe Gear Co. v. Ferris
New York Court of Appeals
Matter of Brown-Lipe Gear Co. v. Ferris, 10 N.E.2d 466 (N.Y. 1937)
275 N.Y. 418; 1937 N.Y. LEXIS 1441
<italic>Per Curiam.</italic>
Matter of Brown-Lipe Gear Co. v. Ferris
Opinion of the Court
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.
Reference
- Full Case Name
- In the Matter of Brown-Lipe Gear Company, Respondent, Against Arthur M. Ferris Et Al., Constituting the Board of Assessors of the City of Syracuse, Appellants
- Cited By
- 1 case
- Status
- Published