
    In re TOWN OF KIRKWOOD et al.
    (Supreme Court, Appellate Division, Third Department.
    March 23, 1911.)
    In the matter of the application of the Town of Kirkwood, Broome County, New York, by its Town Board, and of Edwin Smith and others, as Assessors of said Town of Kirkwood, to procure the substitution. as attorneys of Hinman, Howard & Kattell, of Binghamton, N. Y-, in the place and stead of A. D. Wales and Wales & Riley, attorneys for said assessors heretofore.
   PER CURIAM.

Upon hearing this appeal, the court suggested the form of stipulation which should be filed by the town as a condition for the making of this order, and which stipulation has been filed, the terms of which and of this order having been assented to by the respective parties in open court, it is determined that the order appealed from be modified, by inserting therein, in lieu of the provisions with reference to an undertaking, the terms of said stipulation as a condition thereof, and the following provisions, and, as so modified, affirmed. It is further ordered that, the said Wales and his firm having been superseded by the action of the town, neither he nor his firm is answerable for the result of further proceedings herein, and the final event of these proceedings shall not bear upon or prejudice his right to, or the amount of, compensation, but his compensation shall be determined without reference thereto. It is further ordered that the printing disbursements at this term, to be duly taxed, are allowed to the appellant, in case it is found that anything is due him for services, and that the amount thereof shall in that event be paid to him as a disbursement. It is further ordered that R. H. Thurston, Esq., of Elmira, be and hereby is appointed referee for the purposes of said order.  