Legal Opinion

People ex rel. McDonnell v. Prendergast

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

Decided April 23, 1915PublishedCited by 3 opinions

Appeal by the defendants, William A. Prendergast, as comptroller, and another, from an 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 19th day of January, 1915, granting relator’s motion for a peremptory writ of mandamus requiring the appellants to pay her salary of fifty dollars as stenographer and typewriter in the office of the public administrator of the county of Bronx for the month…

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Appeal by the defendants, William A. Prendergast, as comptroller, and another, from an 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 19th day of January, 1915, granting relator’s motion for a peremptory writ of mandamus requiring the appellants to pay her salary of fifty dollars as stenographer and typewriter in the office of the public administrator of the county of Bronx for the month of November, 1914.

1Opinion of the Court

Laughlin, J.:

On the 27th day of July, 1914, the public administrator of Bronx county appointed the relator to the position of stenographer and typewriter in his office. Her name was certified to him by the State Civil Service Commission as being eligible for the appointment; and the board of estimate and apportionment of the city of New York had on the 26th day of June, 1914, by resolution purporting to have been adopted pursuant to the provisions of chapter 548 of the Laws of 1912, as amended by chapters 266 and 825 of the Laws of 1913, assumed to fix certain positions and salaries in the…

2Cases cited1 opinion

  1. In re the Judicial Settlement of the Accounts of the Binghamton Trust Co.Appellate Division of the Supreme Court of the State of New York · 1903

3Cited by3 opinions

  1. In re the Judicial Settlement of the Account of HammerNew York Surrogate's Court · 1916
  2. In re the Judicial Settlement of the Account of Proceedings of HammerNew York Surrogate's Court · 1916
  3. Estate Bernice P. BishopHawaii Supreme Court · 1943

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