Jordan v. Smith
| Citation | 173 N.E. 877,254 N.Y. 585 |
| Parties | In the Matter of Alfred E. JORDAN, as Mayor of the Village of Great Neck Estates, et al., Appellants, against Lewis J. SMITH, County Judge of the County of Nassau, et al., Respondents. |
| Decision Date | 08 July 1930 |
| Court | New York Court of Appeals |
OPINION TEXT STARTS HERE
Appeal, on constitutional grounds, from an order of a Special Term of the Supreme Court (137 Misc. Rep. 341, 242 N. Y. S. 142), entered May 22, 1930, in the office of the Nassau County Clerk, which denied as a matter of law, the petitioner's application for an order of prohibition. The question presented was as to the validity of chapter 693 of the Laws of 1929, conferring upon the county judge, in the county of Nassau, jurisdiction to authorize the construction of a sewer outlet or disposal works in a village where approval of the board of sewer commissioners or trustees of the village cannot be secured. The commissioners of the Belgrave sewer district, desiring to construct a sewer outlet and disposal works upon the mud flats at the head of Little Neck Bay near the New York City line, in the extreme westerly part of the village of Great Neck Estates, and having been unable to secure the approval of the village board of sewer commissioners, pursuant to section 276 of the Village Law (Consol. Laws, c. 64), served notice under section 249-a of the Town Law (L. 1929, c. 693) that, at a time and place therein named, they would apply to the county judge of Nassau county for an order authorizing such construction. Appellants thereupon, by order to show cause, moved the Supreme Court for prohibition of the proceeding thus initiated, upon the ground that section 249-a of the Town Law is unconstitutional and void.
Edward S. Bentley and William R. Conklin, both of New York City, for appellants.
Erastus J. Parsons, of New York City, and James L. Dowsey, of Mineola, for respondents.
Order affirmed, with costs.
LEHMAN, J., not sitting.
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