New York Court of Appeals
The People, Ex Rel. the Second Avenue Railroad Company, Appellant and Respondent v. the Board of Commissioners of…
October 7, 188497 N.Y. 37
Summary
The Court of Appeals held that an order denying a motion to quash a common‑law certiorari is appealable, that the Board of Commissioners of the Department of Public Parks acted in a non‑judicial capacity and therefore its actions are not reviewable by certiorari, that the writ was improperly directed to the board by name and should have been directed to the individual commissioners, and that the Second Avenue Railroad Company lacked standing to challenge the board's consent. Accordingly, the lower court's order was reversed and the writ was quashed.