Legal Opinion

People Ex Rel. Plancon v. . Prendergast

New York Court of Appeals

Decided November 21, 1916PublishedCited by 22 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1916, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus. The budget for the city of New York for the year 1916 was duly submitted by the board of estimate and apportionment to the board of aldermen and duly adopted by the board of aldermen.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1916, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus. The budget for the city of New York for the year 1916 was duly submitted by the board of estimate and apportionment to the board of aldermen and duly adopted by the board of aldermen. It contained an item of $161,067.85 under the heading “New York County.— Administration.— County Clerk,” for the expenses of the office of the clerk of the county of New York, and. that item was…

1Opinion of the CourtChase, J.

It is the duty of the board of estimate and apportionment of the city of New York,- to annually “ Between the first day of October and the first day of November meet, and make a budget of the amounts estimated to be required to pay the expenses of conducting the public business of The City of New York, as consti tuted by this act [City Charter] and of the counties of New York, Kings, Queens and Richmond for the then next ensuing year. Such budget shall be prepared in such detail as to the titles of appropriations, the terms and conditions, not inconsistent with law, under which the same may…

2Cases cited11 opinions

  1. People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
  2. Buckbee v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1906
  3. Buckbee v. . Board of Education of City of New YorkNew York Court of Appeals · 1907
  4. People Ex Rel. Bacon v. . Board of SupervisorsNew York Court of Appeals · 1887
  5. Griffin v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1915

6 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Ex Parte Public National Bank of New YorkSupreme Court of the United States · 1928
  2. Matter of Hirshfield v. . CookNew York Court of Appeals · 1919
  3. Matter of Berger v. WalshNew York Court of Appeals · 1943
  4. Matter of Rushford v. LaguardiaNew York Court of Appeals · 1939
  5. People v. FullerNew York Court of General Session of the Peace · 1935

17 more not listed; retrieve them via the Exa API.

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