MATTER OF SPANO v. CLOSE

In a proceeding brought pursuant to article 78 of the Civil Practice Act, the application of respondent was granted and appellants, constituting the Common Council of the City of Middletown, New York, were directed to rescind a resolution which they had adopted or to amend and correct it in a prescribed manner. Order reversed on the law, with fifty dollars costs and disbursements, and the proceeding dismissed, without costs. The court was without power to control or direct the action of appellants as legislators. Close, P.J., Hagarty, Adel, Taylor and Lewis, JJ., concur.