191 N.E. 769 | NY | 1934
The Board of Education of the City of New York filed with the Comptroller its certificate authorizing and directing payment to appellant for work performed under a contract for the construction of a public school building. The Comptroller declined to pay the sum certified and retained certain moneys for the reason that engineers in the finance department asserted that some defects existed in the work. No claim of fraud is made. In this proceeding to compel the Comptroller to issue a warrant for the sum certified, in which the Mayor has not been made a party, the remedy of mandamus has been refused on the law and not in the exercise of discretion.
The nature of the relation of the Board of Education to the city is different from that existing between the city and other departments of the municipal government. The method of audit and payment provided by section 149 of the Greater New York Charter (Laws of 1901, ch. 466, amd. L. 1917, ch. 401; L. 1923, ch. 667; Local Law, No. 20 of 1929) does not apply to it. (Gunnison v.Board of Education,
The orders should be reversed and the motion granted, with costs in all courts.
POUND, Ch. J., CRANE, HUBBS, CROUCH and LOUGHRAN, JJ., concur; LEHMAN, J., concurs in result.
Orders reversed, etc. *47