Judgment modified, on the law and the facts, by (1) striking out the decretal provision dismissing the complaint and (2) adding a decretal provision that (a) the budgetary transfer of funds herein involved was lawful and valid and (b) the defendant Town Board has the power to transfer surplus funds from one part of the town budget to another part, with or without a prior recommendation therefor by the Town Supervisor. As so modified, judgment affirmed, without costs.
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