Weinstock v. Long

May a Building Inspector of a town, without the authority or the support of the Town Board or the Town Attorney, defend a proceeding brought against him under article 78 of the Civil Practice Act by a private attorney engaged by him? This question has been raised by the present motion to strike out the answer made by the petitioners in this proceeding. The motion is so framed as ostensibly to be based on the lack of the respondent’s legal capacity to maintain his answer; however, since the motion obviously attacks the authority of respondent’s attorney, it will be considered as a motion to…