Amkraut v. Hults

McNally, J. (dissenting).

Petitioner on July 5, 1955 was appointed a motor vehicle license examiner. He was suspended March 2, 1961 pending disciplinary charges. On May 31, 1961 petitioner was found guilty of soliciting and accepting gratuities from applicants and dismissed. The determination was confirmed (16 A D 2d 756, mot. for lv. to app. den. 11 N Y 2d 647, mot. for rearg. den. 12 N Y 2d 715). Nevertheless, petitioner has recovered a judgment for salary during the period of suspension in excess of 30 days. There is no legal basis therefor.

Salary is an incident of employment. (Van…