General
In the Matter of the Application of the City of New York, Appellant, for a Writ of Certiorari against Richard Mitchell et al., as Assessors of the Town of Southeast, Respondents
183 N.Y. 570·New York Court of Appeals·1906·NY
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Opinion
In the Matter of the Application of the City of New York, Appellant, for a Writ of Certiorari against Richard Mitchell et al., as Assessors of the Town of Southeast, Respondents.
(Argued January 8, 1906;
decided January 16, 1906.)
[MAJORITY]
Motion to amend remittitur so as to provide that “ the order and judqment appealed from be affirmed, with costs.” (See 183 N. Y. 245.)
Motion denied, without costs. What appears to be designated in the record on appeal as a judgment of the Appellate Division is, under sections 2141 and 2143 of the Code of Civil Procedure, denominated a final order. It is that order which has been affirmed by this court, and the application is, therefore, unnecessary ; we prefer to adhere to the nomenclature prescribed by the Code.