
    The People ex rel. Joseph H. Rudiger, App’lt, v. Frederick Earl et al., Resp’t.
    
      (Supreme Court, General Term, Second Department,
    
    
      Filed December 1, 1893.
    
    Villages—Mt. Vernon.
    By the appointment of a new commission, under § 20, chap. 544 of 1887, the report of a former commission is abrogated, and the only way to proceed legally is through the new commission or by successive commissions, until a satisfactory result is reached.
    
      Robert P. Getty, Jr., for app’lt; David Swits, for resp’t
   Barnard, P. J.

The full record of the proceedings which proceeded the appointment of commissioners to assess the cost of improving Sixth street in the village of Mt. Vernon are not returned. The regularity of the appointment of commissioners Adee Pendergrast and Toumine must be assumed. They were required to take an oath that they would fully and faithfully discharge the duty devolved upon each of them by the appointment. They did take such oath and the appointment was complete. The first report was disapproved of by the trustees and sent back for correction. This was proper and according to chapter 544, Laws of 1887, § 20. A second and corrected report was made and returned to the trustees. This report was unsatisfactory to the trastees and a new commission was appointed. This was in accordance with legislative power given by § 20 to 11 send back to the same or other commission.” The new commission made an appraisal and the trustees refused to confirm this appraisal; vacated the appointment of the new commission and adopted the second report and appointment of the first commission. By the appointment of the new commission the second report of the first commission was abrogated and the only way to pursue legally was through the new commission or by successive commissions until a satisfactory result was reached.

The proceedings should, therefore, be reversed, with costs and disbursements.  