MATTER OF RIES v. DUSANENKO


105 A.D.2d 749 (1984)

In the Matter of Margaretann Ries, Appellant-Respondent, v. Theodore R. Dusanenko, Individually and as Supervisor of The Town of Clarkstown, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 13, 1984


Judgment modified, on the law, by deleting the provision directing Theodore Dusanenko to make payment to petitioner and substituting therefor a provision dismissing the proceeding in its entirety. As so modified, judgment affirmed, without costs or disbursements.

Mandamus will not issue to compel a town supervisor to make payment on a claim illegal on its face, even where the claim has been audited and allowed by a town board (see Matter of Poucher v Berry...

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