Matter of McCarthy v. McGoldrick

By a written instrument dated March 1, 1933, petitioner, for a consideration, agreed that he waived the salary of deputy chief of the fire department of the city of New York during the emergency declared to exist by chapter 637 of the Laws of 1932, and that he accepted pay at the lower rate of a battalion chief’s salary, “ said rate of pay to continue during the period of the emergency or unless and until the Board of Estimate and Apportionment shall provide otherwise.” It was not until October 30, 1933, that the Board of Estimate and Apportionment provided otherwise, but, in this proceeding,…