Guzetta v. Carey

This is an article 78 proceeding in the nature of mandamus wherein petitioner, an attorney, seeks an order directing respondents, who are respectively the Comptroller and Mayor of the City of Mount Vernon, to audit and allow his claims for legal services rendered and disbursements incurred at the request of the Common Council of said city and to sign and deliver checks therefor.

Originally, respondents did not serve an answer to the petition as provided in section 1291 of the Civil Practice Act. Instead, they cross-moved for an order dismissing the petition as a matter of law upon various…