Hogan v. Board of Education
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, fourth district, borough of Manhattan, overruling a demurrer to the plaintiff’s complaint.
1Opinion of the CourtGildersleeve, J.
I think the board of education had no power to increase the plaintiff’s salary without the action of the board of estimate and apportionment and the board of aldermen. The question depends upon the effect given to section 56 of the Greater Hew York charter (Laws of 1901, ch. 466), which provides that: “Except as in this section otherwise provided, it shall be the duty of the board of aider-men, upon the recommendation of the board of estimate and apportionment, to fix the salary of every officer or person whose compensation is paid out of the city treasury other than day laborers and…
2Cases cited2 opinions
- People ex rel. Ajas v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1905
- Farrell v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1906