Hulbert v. Craig

Proskauer, J.:

The petitioner, duly elected president of the board of aldermen of the city of New York, seeks mandamus against the comptroller to compel payment of salary. The comptroller sets up that the petitioner, after appointment by the Governor, with the advice and consent of the Senate, on April 9, 1924, filed his oath of office as a member of Finger Lakes State Parks Commission and that thereby, under the Greater New York charter (§ 1549), he instantly vacated his city office. Section 1549 provides that any city official who shall during his term of office accept “ any other civil…