Benvenga v. La Guardia

Seventeen justices of the Supreme Court, nine residing in the first judicial district and eight in the second judicial district, have brought this proceeding under article 78 of the Civil Practice Act to compel the respondents, constituting the Board of Estimate of the City of New York, to pay to them their several claims for salary withheld from them by respondents, and hereafter to pay to each of them the same compensation which is paid to other justices of the Supreme Court resident in the first and second judicial districts.

The parties are in substantial accord on the facts.

Under…