Legal Opinion

Freund v. Hogan

New York Court of Appeals

Decided April 17, 1934PublishedCited by 4 opinions

1Per curiam

The question is whether the City Judge of Long Beach is a city officer, so that the council of such city may increase his compensation under the City Home Rule Law (Cons. Laws, ch. 76), or a State officer (Whitmore v. Mayor, 67 N. Y. 21), whose salary can be regulated only by the Legislature.

The question has been answered to the effect that, so far as compensation is concerned, he is a city officer. (People ex rel. Garrity v. Walsh, 181 App. Div. 118; cited with approval by this court, Ledwith v. Rosalsky, 244 N. Y. 406, 410.)

The judgment should be affirmed, with costs.

Pound, Ch. J., Crane,…

2Cases cited3 opinions

  1. Whitmore v. Mayor of New YorkNew York Court of Appeals · 1876
  2. Ledwith v. RosalskyNew York Court of Appeals · 1927
  3. People ex rel. Garrity v. WalshAppellate Division of the Supreme Court of the State of New York · 1917

3Cited by4 opinions

  1. Matter of Benvenga v. La GuardiaNew York Court of Appeals · 1945
  2. Benvenga v. La GuardiaAppellate Division of the Supreme Court of the State of New York · 1944
  3. Mathews v. Atlas Liquors, Inc.Appellate Court of Illinois · 1971
  4. Benvenga v. La GuardiaAppellate Division of the Supreme Court of the State of New York · 1944

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