Brewster v. Wendt

The petitioner instituted a certiorari proceeding to review the action of the respondents, constituting the board of zoning appeals of the town of Islip. When the order was served on the respondents on March 1, 1934, they declined to make the return until paid certain fees, whereupon the' petitioner moved to have them adjudged in contempt. The learned justice at Special Term made an order denying the motion and directing the petitioner to pay “ legal fees ” in the sum of ten dollars and twenty-five cents as a condition precedent to the making of the return. From that order an appeal is taken.

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