Rushford v. LaGuardia

While the Special Term correctly decided the other questions involved, we think that it erred with respect to the ten petitioners appointed after January 1, 1938. The statute under which they were appointed (Greater N. Y. Charter, § 1373, as amd. by Laws of 1937, chap. 716) provided that salaries should be fixed by the board of estimate and apportionment. The 1938 budget required certain conditions to be fulfilled with respect to expenditure of moneys for salaries of new appointees. (See Matter of Daly v. McGoldrick, 255 App. Div. 594, decided herewith.) Among these requirements was the…