
    The People of the State of New York ex rel. Robert E. Manley, Respondent, v. Charles L. Craig, as Comptroller of the City of New York, Appellant.
    
      Attorney-general — counties — special deputy attorney-general appointed under section 62 of Executive Law to attend Supreme Court and supersede local prosecutor — authority of attorney-general to fix compensation —■ right of county officers to audit same.
    
    
      People ex rel. Manley v. Craig, 195 App. Div. 859, reversed.
    (Argued April 20, 1921;
    decided May 31, 1921.)
    Appeal from an order of the Appellate - Division of the Supreme Court in the first judicial department, entered March 4, 1921, which modified and affirmed as modified an order of Special Term granting a peremptory writ of mandamus to compel defendant to pay relator’s claim for services rendered as special deputy attorney-j general under subdivision 2 of section 62 of the Executive Law. The claim was approved by the attorney-general. Defendant contended that the charge for services was subject to audit, while relator claimed that the city was required to pay any sum fixed by the attorney-general, irrespective of the value of the services rendered.
    
      John P. O’Brien, Corporation Counsel (John F. O’Brien, George P. Nicholson and Bussell Lord Tarbox of counsel), for appellant.
    
      Nathan A-. Smyth for respondent. .
   Orders reversed and application for mandamus denied, with costs in all courts, on authority of People ex rel. Band v. Craig (231 N. Y. 216).

Concur: His cock, Ch. J., Chase, Hogan, Cardozo, Pound, McLaughlin and Andrews, JJ.  