Legal Opinion

In re Dowling

New York Supreme Court

Decided June 15, 1901PublishedCited by 1 opinion

This is an application for a peremptory writ of mandamus against the secretary and the treasurer of the Board of Education of the City of New York to require them to draw and sign a warrant to the petitioner for his pay of $203.75 for May, 1901, as janitor of public school No. 26 in the borough of Brooklyn.

1Opinion of the CourtGaynor, J.

By section 1075 of the city charter it is provided .that janitors of the public school houses shall be appointed by the borough school boards. It is conceded that this petitioner is and'has been for several years janitor of public school No. 26 in Brooklyn borough at a fixed compensation of $2,445 a year, payable monthly. The payroll presented to the said secretary shows that the petitioner is such janitor at the said yearly compensation, and in the appropriate column the sum of $203.75 is set down as due to him for May, 1901. This suffices to require that he be paid.

The reason given for…

2Cases cited1 opinion

  1. People ex rel. Wilson v. KnoxAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by1 opinion

  1. Beck v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1945

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