Pillion v. Magee

This proceeding, under article 78 of the Civil Practice Act, is brought to compel the respondents, in their official capacities as officers of the city of Lackawanna, to audit, certify, approve and pay the salary of the petitioner as tax attorney from May 29, 1940, at the rate,of $4,500 per annum.

Local Law No. 1 of 1939, passed on January 20, 1939, created the department of tax foreclosure and real estate, and, among *699other things, provided that the head of the department should be the tax attorney who was to be appointed by the mayor.

By resolution of the common council, dated February 1,…