Majority
p. 925Marvin Shiebler, Suing for Himself, etc., Taxpayers of Suffolk County, New York, Appellant, v. Edward H. L. Smith and Others, Individually and Together as Composing the Board of Supervisors of Suffolk County, New York, Respondents.
Collusion, the gravamen of the action, not being proved, it is unnecessary at the suit of this plaintiff, to decide the legality of the audit or payment, and the judgment is affirmed, with costs, on authority of Daly v. Haight ( 170 App. Div. 469 ). Jenks, P. J., Thomas, Stapleton, Rich and Putnam, JJ., concurred.