
    In re BOARD OF EDUCATION.
    (Supreme Court, Appellate Division, Second Department.
    December 9, 1902.)
    In the matter of the application of the board of education, etc., relative to acquiring title to certain lands on Bedford avenue.
   PER CURIAM.

The exception to that part of the referee’s report which awards $330.50 to Messrs. Mulqueen & Mulqueen on account of their alleged lien is sustained, and the report is otherwise confirmed. It is true that proceedings to condemn land are a special proceeding, and that, under section 66 of the Code, an attorney may acquire a lien in such a proceeding. This, however, is only from the commencement of the special proceeding. But Mrs. Schoenig had died before the petition of the board of education herein was filed. Hence Messrs. Mulqueen & Mulqueen could never have represented her in the proceeding. Therefore they could not have acquired any lien. If they performed services for her in anticipation of the proceeding, under a contract of employment, her estate may be liable for such services upon a quantum meruit, but we are unable to see how they have any lien under the circumstances.  