Molloy v. Board of Health

Barnard, P. J.

The plaintiffs performed work under a contract with the defendant. The expense was a town charge. Chapter 270, Laws 1885. The board of health has no place as a defendant. It is a town agency only. The claim must be presented to the town auditors for audit. People v. Barnes, 114 N. Y. 324, 20 N. E. Rep. 609, and 21 N. E. Rep. 739; People v. Board, 18 Barb. 567; Bell v. Town of Esopus, 49 Barb. 506. The judgment should therefore be affirmed, with costs.