Daly v. McGoldrick

These two appeals, one involving the appointment of a law assistant, the other the appointment of a confidential investigator, in the Surrogate’s Court of Richmond county, must be considered and decided together.

The New York city budget for 1938 contained an appropriation for both positions, $4,500 for the law assistant and $2,500 for the confidential investigator. The position of law assistant became vacant on November 17,1937, by reason of the death of the then incumbent and had not been filled on January 1, 1938. The position of confidential investigator also was vacant on January 1,1938.…