The People of the State of New York ex rel. Jessie S. Jardine, Individually and as Testamentary Trustee under the Last Will and Testament of George E. Jardine, Deceased, Appellant, v. Edward F. Brush, as Mayor of the City of Mount Vernon, and Leslie D. Dateman and Others, as Aldermen of the City of Mount Vernon, Together Composing the Common Council of the City of Mount Vernon, Respondents

The People of the State of New York ex rel. Jessie S. Jardine, Individually and as Testamentary Trustee under the Last Will and Testament of George E. Jardine, Deceased, Appellant, v. Edward F. Brush, as Mayor of the City of Mount Vernon, and Leslie D. Dateman and Others, as Aldermen of the City of Mount Vernon, Together Composing the Common Council of the City of Mount Vernon, Respondents. Second Department, November 28, 1906. Municipal corporations rf- mandamus to compel formal cancellation Of yoid assessment — chartér of city of Mount Vernon construed. Wlien'a judgment has been entered canceling an assessment' for street opening,' th'e plaintiff; by mandamus, may compel-the municipal authorities to make a formal cancellation pn the books. ¡ Section 6 .of chapter 482 of the Laws of,19Q8, being part of the charter of the city o£ Mount Vernon, and limiting the time of “ all proceedings ’ to vacate or reduce assessments to One year, has no application to' -mandamus brought to compel su6h formal cancellation of the .record-. ' Appeal by the.relator, Jessie S,- Jardine, from., an order^of the. Supreme Court, made.-at -the Westchester Special Term and entered in,theiofSc.e.-.of the-clerk of-the county-of: Westchester on the 9’tli day of July, .1906, denying the relator’s-motion for .a peremptory. writ of mandamus....... , Application by an owner of a lot of latid in the city of Mount Vernon "to . cornpel the mayor and 'common council' to" cancel art assessment thereon-for a street-opening. - • The petitioner, heretofore brought-: a..suit- .against the said city alone for the cancellation of the said assessment on the ground that, it and the. proceedings leading up to it.were void, and obtained judgment therein-to that effect,; The .mayor and common council refused to do the formal act of cancellation on the books Justus A. B. Cowles [Charles P. Cowles with him on the brief], for the appellant. David Swits, for the respondents. ■ [MAJORITY — Gaynor, J.:] Gaynor, J.: Section 6 of chapter 482 of the Laws of 1903 (constituting part of the charter of the city of Mount Vernon), which limits the time for the commencement of “all proceedings”.to vacate or reduce assessments to one year, has no application to this case. This is not such a proceeding. The assessment in question has been adjudged void and vacated in a suit brought for that purpose, and the peremptory writ of mandamus applied for and denied is only to compel the proper officials to do the formal act of vacating on the books. ' " The order should be reversed and the application granted. Hirschberg, P. J., Woodward, Rich and Miller, JJ., concurred. . Order reversed, with ten dollars costs and disbursements, and motion for writ of mandamus granted, with costs.