General

In the Matter of the Application of Halton D. Bly and Judson A. Parsons, Respondents, for an Order against G. Robert Witmer, Supervisor, and Others, Comprising the Town Board of the Town of Webster, etc., Appellants

263 A.D. 1069·New York Supreme Court, Appellate Division·1942·NY

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Opinion

In the Matter of the Application of Halton D. Bly and Judson A. Parsons, Respondents, for an Order against G. Robert Witmer, Supervisor, and Others, Comprising the Town Board of the Town of Webster, etc., Appellants. [MAJORITY] - Appeal dismissed, without costs, on the ground that the order is not appealable. (Civ. Prac. Act, § 1304.) All concur. (The order denies defendants’ motion for a dismissal of the petition and orders a reference of a disputed fact on a motion for an order directing the town board to audit petitioner’s claim for legal services and cross-motion for a dismissal of petition.) Present — Crosby, P. J., Taylor, Dowling, Harris and MeCurn, JJ.