In re Grade Crossing Commr's of the City of Buffalo

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 16, 1917, which reversed an order of Special Term denying a motion to vacate and set aside the report of commissioners of appraisal in the above-entitled proceeding and granted said motion. The appellant contended that the report of the commissioners appointed after the original reversal was under the statute final; that the Appellate Division was without power or authority to reverse the order confirming the report; that such order of confirmation was wholly unnecessary; that the report of the commissioners was in and of itself sufficient to vest in the Otis Elevator Company the sum awarded by said commissioners, and that the attempted reversal and vacation of such report was without jurisdiction, and a denial of that due process of law guaranteed by sections .6 and 7 of article 1 of the Constitution of the state of New York, and by the Fourteenth Amendment of the Constitution of the United States.