In re Town of Hempstead

Cullen, J.:

This is a proceeding taken under section 3 of the General Municipal Law (Chap. 685, Laws of 1892).. As a result of the investigation had, the learned judge made an order declaring that certain portion's of the bills of the board of audit should not be paid, and granted an injunction restraining their payment. He also adjudged that the defendants, the members of the town board, with others whose accounts were examined, should pay the costs of the proceeding, which exceeded the sum of $1,000.

This motion is based on the claim that the proceeding authorized by statute is not a special…