# Matter of Brown-Lipe Gear Co. v. Ferris

> New York Court of Appeals · October 5, 1937 · 275 N.Y. 418

URL: https://www.frixlaw.com/law-library/cases/3608807

## Case

- **Full name:** In the Matter of Brown-Lipe Gear Company, Respondent, Against Arthur M. Ferris Et Al., Constituting the Board of Assessors of the City of Syracuse, Appellants
- **Court:** New York Court of Appeals
- **Decided:** October 5, 1937
- **Citations:** 275 N.Y. 418; 10 N.E.2d 466; 1937 N.Y. LEXIS 1441
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** <italic>Per Curiam.</italic>
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3608807

## Opinion text

Per Curiam.
We agree with the Appellate Division that the challenged statute (L. 1935, ch. 449) attempts to transfer to a board to be appointed by State officers essential functions theretofore belonging to the Assessors of the city of Syracuse and is, therefore, invalid. (N. Y. Const, art. X, § 2;
People
v.
Raymond,
37 N. Y. 428 ;
People ex rel. Metropolitan St. Ry. Co.
v.
State Board of Tax Commissioners,
174 N. Y. 417 . See
Prescott
v.
Ferris,
251 App. Div. 113 .) We pass on no other issue.
The order should be affirmed, without costs, and the questions certified answered in the affirmative.
Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ., concur.
Order affirmed, etc.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3608807. Public record. Not legal advice.
