Matter of Rushford v. Laguardia

It is agreed that there can be no recovery by those of the petitioners who failed to protest. (Quayle v. City of New York, 278 N. Y. 19; Matter of Shevlin v. LaGuardia, 254 App. Div. 922; affd., 279 N. Y. 649.)

It is also agreed that there can be no recovery by those of the petitioners who accepted appointment at a lower salary pursuant to the certificate of the Budget Director. (Matter of Dobrovolny v. Prendergast, 219 N. Y. 280.)

I cannot agree, however, that there can be a recovery by the remaining petitioners in disregard of the resolution by the city of New York reducing the salaries…