Matthews v. O'Dwyer

Proceeding under article 78 of the Civil Practice Act. The petitioner contends that on August 8, 1938, he was duly promoted by the president of the borough of Queens, in accordance with certification by the municipal civil service commission, from his position of motor grader operator to the position of foreman, grade 2, in the Queens bureau of highways, at a salary of $1,760 per annum; he further alleges, upon information and belief, that the then established salary for said position of foreman, grade 2, was $1,800 to $2,400 per annum. He also alleges that he accepted said promotion at the…