People ex rel. Plancon v. Prendergast
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William A. Prendergast, as comptroller, from an order of the Supreme Court, made at the ¡New York Special Term and entered in the office of the clerk of the county of ¡New York on the 15th day of May, 1916, granting relator’s motion for a peremptory writ of mandamus.
1Opinion of the Court
Davis, J.:
The court at Special Term granted an application for a peremptory' writ of mandamus to compel the comptroller of the city of ¡New York forthwith to audit and certify for payment the payroll of the county clerk’s office for the last half of *619March, 1916, which payroll contained the name of the relator with'a designated salary of $1,200 a year as a general clerk.
The city budget for 1916 was duly adopted by the board of estimate and apportionment and approved by the board of aldermen. It contained an appropriation of $161,067.85 for the expenses of the county clerk’s office for 1916,…
2Cases cited9 opinions
- State ex rel. Kennedy v. BrunstWisconsin Supreme Court · 1870
- People Ex Rel. Gardenier v. Board of SupervisorsNew York Court of Appeals · 1892
- Whitmore v. Mayor of New YorkNew York Court of Appeals · 1876
- People Ex Rel. Wogan v. . RaffertyNew York Court of Appeals · 1913
- People ex rel. Morris v. EdmondsNew York Supreme Court · 1853
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