Maglio v. City of New York

The order under review granted the defendant city’s motion for judgment on the pleadings, pursuant to rule 112 of the Rules of Civil Practice, and denied plaintiff’s motion for summary judgment, pursuant to rule 113 of said rules.

Plaintiff, a City Magistrate, seeks to be reimbursed for counsel fees allegedly incurred in a proceeding to remove him from office. The basis of his claim is section 93d-2.0 of the Administrative Code of the City of New York, which reads in pertinent part as follows: “ The comptroller, with the approval of the board of estimate, is authorized to audit and allow, as…