People ex rel. O'Loughlin v. Prendergast
Appellate Division of the Supreme Court of the State of New York
Appeal from. Special Term, Kings County. Application for peremptory writ of mandamus by the People, on the relation of Bdward T. O’Loughlin, as Register of the County of Kings, against William A. Prendergast, as Comptroller of the City of New York, and others. Prom an order granting the writ, and from an order denying their motion for reargument, defendants appeal.
1Opinion of the CourtJenks, P. J.
We affirm these orders upon the opinion of Black-mar, J'., at Special Term. The learned and able assistant corporation counsel, who presented the appeal, writes in his points:
“The appellants contend that, if they wei’e to approve the appropriations which the relator seeks, they would be sanctioning a willful waste of public funds.”
Assuming, but not deciding, that such consequences would follow the official action of the appellants, suffice it to say, when the courts decide that the appellants have no discretion in the present situation, the appellants are free from blame. The absence of…
2Cited by1 opinion
- McGuire v. PrendergastNew York Supreme Court · 1915