Opinion
May 17, 1943.
In a proceeding under article 78 of the Civil Practice Act, order directing the Sheriff of the City of New York to receive and execute a commitment order issued by the City Court of Yonkers, reversed on the law, with ten dollars costs and disbursements, the application denied and the proceeding dismissed, with ten dollars costs. Section 10 of the Yonkers City Court Act (L. 1939, ch. 914), insofar as it purports to grant to that court jurisdiction and power and authority throughout the State and beyond the limits of the county of Westchester, is violative of the provision of section 18 of article VI of the Constitution of the State of New York, which extends the jurisdiction of inferior or local courts established in any city only throughout the county or counties in which the city is located. ( Ballon v. Riti, 239 App. Div. 544.) Hagarty, Johnston, Adel, Taylor and Lewis, JJ., concur. [ 179 Misc. 896.]