The opinion
Per Curiam.
The question presented in this case has been determined adversely to the defendant in Town of Blenheim v. The Board of Supervisors of Schoharie County, 121 N. Y., 345 ; 31 N. Y. State Rep., 420. And upon the authority of that case the judg *42 ments of the general and special term must be reversed and a new trial granted, costs to abide the event.
All concur.