Legal Opinion · Concurrence

Hamburger v. Board of Estimate and Apportionment

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1905Published

Appeal by the defendant, The Board of Estimate and Apportionment of the City of Hew York, from an order of the Supreme Court, made at the Hew York Special -Term and entered in the office of the clerk of the county of Hew York on the 28th day of June, 1905.

1Concurrence

O’Brien, P. J. (concurring):

I concur in the result for the reason that I think the further change made in the revised charter of 1901, and the amendment by chapter 435 of the Laws of 1902, operated to change the law as it stood when this court considered the'question in Baker v. City of New York (56 App. Div. 350). Under these amendments, I think that the Legislature has- conferred upon the board of esti-. mate an(d apportionment- the power to fix the salary of stenogra- - phers upon -the written recommendation of the coroners of the borough of The Bronx.

Order reversed, with costs, and motion…

2Cases cited1 opinion

  1. Baker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900

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