In the Matter of the Petition of the New York Protestant Episcopal Public School to vacate an assessment

In the Matter of the Petition of the New York Protestant Episcopal Public School to vacate an assessment. An order of General Term reversing an order of Special Term, vacating an assessment, without ordering a rehearing, is a final order appealable to this court. (Argued June 15, 1880 ; decided September 21, 1880.) Appeal from order of General Term reversing an order of Special Term which vacated an assessment for a street improvement in the city of New York. No rehearing was ordered. Held, that the order of General Term was a final order appeal-able to this court. ■ As to the merits, the court say; “ The opinion in In re Bobbins (ante, p. 131) covers this case. The order vacating the assessment should have been affirmed on the ground that the work was not done by contract, pursuant to section 91 of the charter of 1813.” • George C. Genet for appellant. J. A. Beall for respondent. [MAJORITY — Rapallo, J.,] Rapallo, J., reads for reversal of order of ’ General Term, and affirmance of that of Special Term. All concur. Ordered accordingly.