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Matter of Steuben Advocate v. Supervisors

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 15, 1958
5 A.D.2d 803 (N.Y. App. Div. 1958)

Opinion

January 15, 1958

Appeal from the Steuben Special Term.

Present — McCurn, P.J., Kimball, Bastow, Goldman and Halpern, JJ. [ 5 Misc.2d 627.]


Order modified in accordance with the memorandum and as modified affirmed, without costs of this appeal to any party. Memorandum: We agree with the determination of the Special Term that the notices of tax sales of real estate provided for in section 151 Tax of the Tax Law must be published in the two newspapers "designated for the publication of the concurrent resolutions" in accordance with the provisions of subdivision 1 of section 214 County of the County Law. The order of the Special Term must, however, be modified by deleting therefrom the third ordering paragraph which is a mandatory direction to the Board of Supervisors. An order in the nature of mandamus must run to the officer or body specifically charged with duty by law. Section 151 Tax of the Tax Law imposes the legal duty of causing publication upon the county treasurer, not upon the Board of Supervisors. All concur.


Summaries of

Matter of Steuben Advocate v. Supervisors

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 15, 1958
5 A.D.2d 803 (N.Y. App. Div. 1958)
Case details for

Matter of Steuben Advocate v. Supervisors

Case Details

Full title:In the Matter of STEUBEN ADVOCATE, INC., Respondent, against BOARD OF…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 15, 1958

Citations

5 A.D.2d 803 (N.Y. App. Div. 1958)