Frazier-Davis Construction Co. v. Gerosa

This is an appeal in an article 78 proceeding from an order of Special Term which granted a motion to compel the comptroller to make payments of certain sums *113claimed to be unlawfully withheld from the petitioner and denied a motion by the respondent-appellant to dismiss the petition for legal insufficiency.

The sole question for review is whether the comptroller of this city has the authority, after an audit made by his department, to withhold payments to a contractor which were certified as correct by the Board of Water Supply, or whether after such certification, his duty is purely…