Baily v. Gerosa

The petitioner, in this proceeding pursuant to article 78 of the Civil Practice .Act, applies for an order requiring respondents ‘ ‘ to disregard and refrain ’ ’ from paying certain Department of Sanitation employees compensation in excess of the amount received by them prior to a claimed violation of the Civil Service Law and until three years after their appointment or reappointment. The respondents have moved to dismiss the petition as a matter of law, pursuant to section 1293 of the Civil Practice Act.

The petitioner alleges he is a citizen of this State and the United States and the…