Matter of Wingate v. McGoldrick

The Legislature has provided that the Surrogates of the counties of Kings and Queens shall severally fix the compensation of the “ chief clerk and of the other clerks, stenographers and other officers and employees of the said court and office of such surrogate * * * notwithstanding any other provision of law * * * and the same shall be a county charge.” (Surrogate’s Court Act, §' 22.) It is the duty of the Board of Estimate (formerly Board of Estimate and Apportionment) to make the necessary appropriations to meet such county charges. The Legislature has left it no choice there. To justify…