Legal Opinion

People ex rel. Daly v. York

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

Decided December 15, 1901PublishedCited by 3 opinions

Appeal by the relator, William E. Daly, from a final order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of May, 1901, as resettled and amended by an order entered in said clerk’s office on the 4th day of June, 1901, nune pro tninc- as of the 10th day of May, 1901, dismissing an alternative writ of mandamus, and also from the judgment entered thereon in said clerk’s office on the 24th…

Read the full summary

Appeal by the relator, William E. Daly, from a final order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of May, 1901, as resettled and amended by an order entered in said clerk’s office on the 4th day of June, 1901, nune pro tninc- as of the 10th day of May, 1901, dismissing an alternative writ of mandamus, and also from the judgment entered thereon in said clerk’s office on the 24th day of May, 1901.

1Opinion of the Court

Per Curiam :

The judgment and order appealed from in this proceeding must be affirmed, for the reason that it appears from the record that no appropriation was ever made by the board of estimate and apportionment for the payment of the services of the relator, even if he is entitled to compensation as a police sergeant, and that no provision for such payment was ever made by the police board. But this affirmance is without, prejudice to the right of the- relator to bring an appropriate action upon the claim he asserts against the city. If he is entitled to compensation as a police sergeant,…

2Cited by3 opinions

  1. People ex rel. Kelly v. DooleyAppellate Division of the Supreme Court of the State of New York · 1915
  2. People ex rel. Allen v. YorkAppellate Division of the Supreme Court of the State of New York · 1903
  3. People ex rel. Arfken v. YorkAppellate Division of the Supreme Court of the State of New York · 1905

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API