Brennan v. City of New York

This appeal and the decision below are controlled by section 93c-2.0 of the Administrative Code of the City of New York as construed by Pisciotta v. City of New York (275 App. Div. 966 [2d Dept.], affd. 300 N. Y. 664, motion to amend remittitur granted 300 N. Y. 755, certiorari denied 340 N. S. 825); and also by Lupo v. Board of Transp. of City of N. Y. (200 Misc. 403) and Russo v. Bingham (106 N. Y. S. 2d 894). Hofstadter, J., in the Lupo case (supra) and Rivers, J., writing in this case below, fully set forth the view of the majority of this court. The language of the payroll and the…