Opinion
Argued October 1, 1937
Decided October 5, 1937
Appeal from the Supreme Court, Appellate Division, Fourth Department.
James C. Tormey, Corporation Counsel ( A.M. Beach of counsel), for appellants.
Maurice F. Lane for respondent.
We agree with the Appellate Division that the challenged statute (L. 1935, ch. 449) attempts to transfer to a board to be appointed by State officers essential functions theretofore belonging to the Assessors of the city of Syracuse and is, therefore, invalid. (N.Y. Const. art. X, § 2; People v. Raymond, 37 N.Y. 428; People ex rel. Metropolitan St. Ry. Co. v. State Board of Tax Commissioners, 174 N.Y. 417. See Prescott v. Ferris, 251 App. Div. 113.) We pass on no other issue.
The order should be affirmed, without costs, and the questions certified answered in the affirmative.
CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ., concur.
Order affirmed, etc.