
    In the Matter of the Application of The People of the State of New York ex rel. George Rea, Respondent, v. William A. Prendergast, as Comptroller of the City of New York, Appellant.
    (Submitted June 4, 1917;
    decided June 15, 1917.)
    
      People ex rel. Rea v. Prendergast, 178 App. Div. 980, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in .the second judicial department, entered May 11, 1917, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to audit certain bills for stenographic services rendered by the petitioner on the trial of the case of People against Grout in the County Court of Kings county. The trial was an exceedingly lengthy one, and during the course of it the judge who presided, acting under section 300 of the Judiciary-Law, directed the petitioner herein to furnish him each day with a typewritten transcript of his notes, of the testimony, etc., of the preceding day. The principal questions involved were two in number: (1) May the judge who is presiding at the trial of a criminal cause make a certificate, under section 456 of the Code of Criminal Procedure, that the bill of a stenographer, who furnishes a copy of the minutes for the use of the county clerk, is fair and reasonable and a county charge, and thus preclude the comptroller from auditing the claim; and (2) may he also make such a certificate, under section 303 of the Judiciary Law, for a copy which is furnished to himself.
    
      Lamar Hardy, Corporation Counsel (Terence Farley and William E. C. Mayer of counsel), for appellant.
    
      Hunter L. Delatour and Meier Steinbrink for respondent.
   Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Cardozo, Pound, McLaughlin and Crane, JJ,  