Opinion
January 15, 1958
Appeal from the Steuben Special Term.
Present — McCurn, P.J., Kimball, Bastow, Goldman and Halpern, JJ. [ 5 Misc.2d 627.]
Order modified in accordance with the memorandum and as modified affirmed, without costs of this appeal to any party. Memorandum: We agree with the determination of the Special Term that the notices of tax sales of real estate provided for in section 151 Tax of the Tax Law must be published in the two newspapers "designated for the publication of the concurrent resolutions" in accordance with the provisions of subdivision 1 of section 214 County of the County Law. The order of the Special Term must, however, be modified by deleting therefrom the third ordering paragraph which is a mandatory direction to the Board of Supervisors. An order in the nature of mandamus must run to the officer or body specifically charged with duty by law. Section 151 Tax of the Tax Law imposes the legal duty of causing publication upon the county treasurer, not upon the Board of Supervisors. All concur.