Shearn v. Craig — 237 N.Y. 614

Majority

p. 614

In the Matter of the Application of Clarence J. Shearn, Respondent, against Charles L. Craig, as Comptroller of the City of New York, Appellant.

Headnote

New-York city — transit commission — power to employ special counsel —• mandamus to compel comptroller to issue warrant for payment.

Matter of Shearn v. Craig, 207 App. Div. 849 , affirmed.

(Submitted February 19, 1924;

decided April 1, 1924.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 23, 1923, which unanimously

p. 615

affirmed an order of Special Term granting a motion for a peremptory order of mandamus to compel the comptroller of the city of New York to issue a warrant on the requisition and voucher of the transit commission for services and disbursements as special counsel to such commission. The comptroller contended that said commission was without power to employ petitioner and that such employment or retainer was unauthorized and illegal.

George P. Nicholson, Corporation Counsel (John F. O’Brien, William E. C. Mayer and James P. O’Connor of counsel), for appellant.

Clarence J. Shearn and Charles C. Smith for respondent.

Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cabdozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.