In re McNeile
Appellate Division of the Supreme Court of the State of New York
Appeal in each of the above-entitled proceedings by George B. McClellan and others, as members of and composing the board of estimate and apportionment of the city of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 31st day of December, 1904, granting a peremptory writ of mandamus in each proceeding.
1Opinion of the Court
Woodward, J.:
These two orders involve the same question, and were argued together. The relators ask for a peremptory writ of mandamus to compel the board of estimate and apportionment of the city of New York to fix an annual salary to be paid to each of them, and to provide the funds for the payment of these salaries. They base their right to this writ upon appointments as coroners’ clerks under the provisions of section 1571 of the revised Greater New York charter (Laws of 1901, chap. 466), and we are of opinion that a fair reading of the section, in connection with section 1570 of that…
2Cases cited2 opinions
- People ex rel. Ajas v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Burger v. BlairAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- People ex rel. Elmira Advertiser Ass'n v. GormanAppellate Division of the Supreme Court of the State of New York · 1915
- In re Brooklyn Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1916