Rushford v. LaGuardia

The petitioners hereby seek to compel the respondents to pay them the salary fixed in the budget of the city of New York which has been declared by the Court of Appeals to be the valid budget for the year 1938. (Dixon v. LaGuardia, 277 N. Y. 84.)

*582The respondents resist on the ground that they, in the exercise of authority vested in them by sections 67 and 68 of New York City Charter, were empowered to act as they did.

By virtue of the budget adopted before December 25, 1937, the salaries of the petitioners were fixed at $3,240 annually. After the formation of the new board of estimate on…