People Ex Rel. Werner 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 July 11, 1912, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant comptroller to pay the' salary of the relator as an employee of the board of elections of the city of New York, without the certification of his name on the payrolls by the municipal civil service commission.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 11, 1912, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant comptroller to pay the' salary of the relator as an employee of the board of elections of the city of New York, without the certification of his name on the payrolls by the municipal civil service commission. The facts, so far as material, are stated in the opinion. The Public Officers Law very conclusively establishes that the election commissioners of…
1Opinion of the CourtHiscock, J.
The relator was appointed a computator by the board of elections of the city of New York. The salary claimed to have been earned by him as such was duly certified and approved by the state civil service commission and was not so approved by the municipal civil service commission of said city. Because of the latter fact the appellant comptroller has refused to pay said salary, and thereby the question has been raised whether the board of elections which employed respondent is in the state service or municipal service. If the former be the case the certification and approval of relator’s salary…
2Cases cited5 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Miller v. City of New YorkNew York Court of Appeals · 1911
- Grimmer v. . the Tenement House Dept. of the City of N.Y.New York Court of Appeals · 1912
- People Ex Rel. Bush v. . HoughtonNew York Court of Appeals · 1905
- People Ex Rel. Haughton v. . AndrewsNew York Court of Appeals · 1887
3Cited by15 opinions
- Cleveland v. . City of WatertownNew York Court of Appeals · 1917
- Fishbein v. StateAppellate Division of the Supreme Court of the State of New York · 1953
- Hulbert v. CraigNew York Supreme Court · 1925
- People v. BrismanNew York Supreme Court · 1996
- O'Brien v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 1928
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