Ginsberg v. City of Long Beach

Plaintiff sued to recover his salary as health officer of the defendant City of Long Beach for the period from December 1, 1936, to February 28,1938. His recovery thereof at Trial Term was reduced by the Appellate Division and the case is now here on his appeal only.

The form in which the issues were submitted authorized the Appellate Division to examine the record de novo. We agree with its conclusion that the office was vacant after June, 1936, because of the plaintiff’s failure to qualify himself therefor in accordance with the directions of the Public Health Council, and that he was,…