Legal Opinion

In re Application of Mayor

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 8 opinions

Appeal by Edward B. Whitney, one of the commissioners of estimate and assessment in the above-entitled proceeding, from so much of an order, made at the Hew York Special Term and entered in the office of the clerk of the comity of Hew York on the 25th. day of May, 1898, as taxes his fees as commissioner of estimate and assessment herein at the rate of six dollars per day for services rendered after January 1, 1898, and refuses to tax such fees at - the rate of ten dollars…

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Appeal by Edward B. Whitney, one of the commissioners of estimate and assessment in the above-entitled proceeding, from so much of an order, made at the Hew York Special Term and entered in the office of the clerk of the comity of Hew York on the 25th. day of May, 1898, as taxes his fees as commissioner of estimate and assessment herein at the rate of six dollars per day for services rendered after January 1, 1898, and refuses to tax such fees at - the rate of ten dollars per day for such period; and also from so much, of said order as reduces his fees from the sum of $160, as claimed in the…

1Opinion of the Court

O’Brien, J.:

The question here presented is whether commissioners of estimate, and assessment, appointed in proceedings instituted prior to January 1, 1898, when the Greater Hew York charter went into' effect (Chap. 378, Laws of-1897), and who thereafter rendered.services in such proceedings, were entitled to á continuation of their fees at the rate of ten dollars a day, which was -the- rate fixed by law, or ■ became entitled to only six dollars a day, the- rate fixed by the new charter. The question of vested.-rights is not involved. These commissioners are not constitutional officers, and…

2Cases cited1 opinion

  1. Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851

3Cited by8 opinions

  1. In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
  2. Diedrich v. WarrenAppellate Division of the Supreme Court of the State of New York · 1925
  3. Bareham v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1936
  4. In re AldermenAppellate Division of the Supreme Court of the State of New York · 1903
  5. People ex rel. Ward v. ScheuAppellate Division of the Supreme Court of the State of New York · 1901

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