People ex rel. Van Denbergh v. Town Board of Colonie

I dissent and vote to affirm the determination of the town board.

*59The town of Colonie now is and since the 1st day of January, 1933, has been a town of the first class operating upon a budget plan or system. During the years 1932 to 1935, inclusive, petitioner was the health officer of that town. On April 9, 1936, he presented to the town board four claims for services and disbursements and these claims were subsequently audited.

Section 27 of the Town Law, in a town operating on the budget system, such as the town of Colonie, provides that the town board shall fix the salaries of all elected…