
    In the Matter of the Application of the Clayton Company, Inc., Respondent, v. Charles L. Craig, as Comptroller of the City of New York, Appellant.
    (Submitted January 21, 1925;
    decided February 25, 1925.)
    
      New York city — -board of education — mandamus to compel comptroller to pay judgment obtained against board of education.
    
    
      Matter of Clayton Co., Inc., v. Craig, 209 App. Div. 801, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 2, 1924, which affirmed an order of Special Term granting a motion for a peremptory, order of mandamus to compel the comptroller of the city, of New York to pay a judgment theretofore obtained by petitioner against the board of education of the city of New York. The answering affidavit stated that no appropriation had been made by the board of estimate and apportionment by which any funds had come into the defendant’s control or custody as comptroller of the city of New York from which such claim could be paid. -
    
      Charles L. Craig for appellant.
    
      Cecil B. Ruskay and Bertram Boardman for respondent.
   Order affirmed, with costs; no opinion.-

Concur: Cardozo, Pound, McLaughlin and Crane, JJ. Dissenting: Hiscock, Ch. J., Andrews and Lehman, JJ.  