McCarthy v. LaGuardia

This proceeding was brought under article 78 of the Civil Practice Act for an order directing the mayor, the board of estimate and other officials of the city of New York to fix the compensation of the clerks of the justices of the Municipal Court at the rate of $3,240 per annum or at such other reasonable amount as the court may determine. The petitioners constitute all the *261clerks of the said justices now serving pursuant to their respective appointments. The respondents have filed no answer to the petition, but have cross-moved for an order dismissing the petition as a matter of law.

The…