In the Matter of the Application of the City of Buffalo, to Take Lands for the Widening of Carlton Street.

Summary

The New York Court of Appeals affirmed the lower court's order setting aside the appointment of commissioners to assess compensation for land taken for Carlton Street, holding that the city lacked authority because the required two‑thirds vote of the common council was not proven. The Court also held that the defect was jurisdictional, not waivable, and that procedural code sections governing judgments did not apply to this special proceeding.