In the Matter of the Application of the Long Island Railroad Company, Respondent, for an Order of Certiorari Against…

Summary

The New York Court of Appeals held that the Board of Estimate and Apportionment lacked authority to assess the cost of the Archer Avenue improvement on the Long Island Railroad Company's right‑of‑way and that such legislative action is not subject to review by a writ of certiorari. Accordingly, the Appellate Division's order granting certiorari and annulling the board's determination was reversed.