Matter of Dobrovolny v. . Prendergast
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 26, 1916, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus. The relator was appointed a typewriting copyist in the bureau of school buildings, department of education, city of New York, in 1913, at a salary of $600 per annum.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 26, 1916, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus. The relator was appointed a typewriting copyist in the bureau of school buildings, department of education, city of New York, in 1913, at a salary of $600 per annum. When the budget for the year 1915 was adopted it contained an appropriation for said bureau of said department for three typewriting copyists at $600, $750 and $900 per year respectively, and the relator was then…
1Opinion of the CourtChase, J.
The board of education has power to adopt by-laws fixing the salaries of all members of the supervising and teaching staff. (Greater New York Charter [L. 1901, ch. 466], § 1091.)
It is, however, the duty of the board of aldermen, upon recommendation of the board of estimate and apportionment, to fix the salary of every officer or person whose compensation is paid out of the city treasury other than day laborers and teachers, examiners, and members of the supervising staff of the department of education. (Greater New York Charter, § 56.) The relator is not a member of the supervising or…
2Cases cited7 opinions
- People Ex Rel. Plancon v. . PrendergastNew York Court of Appeals · 1916
- Hogan v. . Board of EducationNew York Court of Appeals · 1911
- T. A. Clarke Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1913
- T.A. Clarke Co. v. . Bd. of Educ. of the City of New YorkNew York Court of Appeals · 1915
- Sauerbrunn v. . the Bd. of Educ. of the City of New YorkNew York Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Judd v. City Trust & Savings BankOhio Supreme Court · 1937
- Matter of Hirshfield v. . CookNew York Court of Appeals · 1919
- Matter of Daly v. McGoldrickNew York Court of Appeals · 1939
- Abarno v. City of New YorkNew York Supreme Court · 1956
- Matter of Fugazy v. KernNew York Court of Appeals · 1939
3 more not listed; retrieve them via the Exa API.