Majority
p. 916Charles F. Rattigan, Appellant, v. Thomas H. O’Neill, Individually and as Mayor of the City of Auburn, N. Y., and Joseph S. Hanlon, Individually and as City Clerk of Said City of Auburn, N. Y., Respondents.
Order affirmed, with ten dollars costs and disbursements, without passing upon the merits, on the ground that apparently there is no necessity for passing upon the merits at this time. All concurred; McLennan, P. J., concurring upon the further ground that, it having been stated in open court and not controverted, that the bonds have been issued and disposed of and are now valid obligations against the city, there is no necessity for passing upon the merits at this time.