Opinion
February, 1926.
The assessments were void at their inception, and mandamus under the circumstances is the proper remedy. ( Matter of Brooklyn Children's Aid Society, 166 App. Div. 852; affd., 215 N.Y. 705.) The order of mandamus is, therefore, modified so as to provide for the cancellation of the assessments for opening Richardson street and for widening North Second street; and as so modified affirmed, without costs. Kelly, P.J., Rich, Jaycox, Kapper and Lazansky, JJ., concur.