Hogan v. Board of Education
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lawrence F. Hogan, from an order of the Appellate Term of the Supreme Court, made on the 30th' day of November, 1909, and entered in the office of the clerk of the county of New York, reversing a judgment of the Municipal Court of the city of New York in favor of the plaintiff and sustaining the defendant’s demurrer to the complaint. The opinions delivered at the Appellate Term are reported in Hogan v. Board of Education (65 Misc. Rep. 194).
1Opinion of the Court
Miller, J.:
The plaintiff, a statistician in the department of education of the city of New York, sues to recover the amount of an increase of salary voted him by the board of education, which had accrued prior to the commencement of the action. The sole question to be decided is whether the board of education had the power to increase the plaintiff’s salary.
Section 56 of the revised charter (Laws of 1901, chap. 466, as amd. by Laws of 1902, chap. 435) provides, inter alia: “ It shall be the duty of the board -of aldermen, upon the recommendation of the board of estimate and apportionment, to…
2Cases cited2 opinions
- Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
- People ex rel. Ajas v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Colbert v. DelaneyAppellate Division of the Supreme Court of the State of New York · 1936
- Loew v. GillespieAppellate Terms of the Supreme Court of New York · 1915
- Miller v. TayntorAppellate Division of the Supreme Court of the State of New York · 1915